Major Setback For Stalin As Madras HC Upholds Order Allowing Karthigai Deepam At Thiruparankundram Hill

The court observed that the appellants, including state authorities and the dargah, had failed to place any “formidable evidence” to show that lighting the lamp was prohibited under agama shastras.

The state government and other appellants had opposed the practice, citing customary restrictions.

Source : File image

In a setback to the DMK-led Tamil Nadu government, the Madras High Court (Madurai Bench) on Tuesday upheld a single judge’s order permitting the lighting of Karthigai Deepam at an ancient stone lamp pillar atop the Thiruparankundram hills in Madurai.

The dispute centred on whether the ceremonial lamp could be lit at the stone pillar located near the Hazarath Sultan Sikkandar Badhusha Avuliya Dargah. The state government and other appellants had opposed the practice, citing customary restrictions, law-and-order concerns and competing claims over the site.

A division bench comprising Justice G Jayachandran and Justice KK Ramakrishnan ruled that the single judge’s order was not barred by res judicata, noting that the issue had not been conclusively settled in previous litigations.

HC Rejects State's Law-And-Order Argument

The court observed that the appellants, including the state authorities and the dargah, had failed to place any “formidable evidence” to show that lighting the lamp was prohibited under agama shastras. Strongly rejecting the state’s law-and-order argument, the bench described it as “ridiculous and hard to believe” that allowing the devasthanam’s representatives to light a lamp on a single day in a year could disturb public peace.

The judges went on to remark that such disturbance could occur only if it were “sponsored by the state itself”, expressing hope that no government would stoop to such levels to further a political agenda. The court also noted that claims asserting ownership of the pillar by the dargah had added to scepticism surrounding the mediation efforts cited before it.

The appeals arose from a December 1 order directing the management of the Arulmigu Subramania Swamy Temple to light the Karthigai Deepam at the ancient pillar. After the order was not implemented on the festival day, the single judge allowed petitioner devotees to light the lamp themselves. Even that did not materialise, leading to contempt proceedings that are still pending.

Challenging the order, the state government, police authorities, the dargah and the Tamil Nadu Waqf Board moved the division bench. The state argued that the devotees had no enforceable legal right and that the court’s powers under Article 226 could not be used to alter long-standing customs.

The Advocate General contended that the petition was not a public interest litigation but a private plea, and that the court should confine itself to the petitioner’s rights and statutory obligations of the respondents. The Hindu Religious and Charitable Endowment Department maintained that it was for the devasthanam to decide on lighting the lamp.

Dargah Opposes The Order

Opposing the order, the dargah said the minority community faced difficulties in enjoying land granted to it in 1920 and alleged it was not given adequate opportunity to present its case. The district administration and police also warned that implementing the order could disturb peace in the sensitive area.

Rejecting all objections, the division bench upheld the single judge’s directions, effectively clearing the way for the lighting of Karthigai Deepam at the stone pillar atop Thiruparankundram hills.

Reacting to the verdict, K Annamalai said on X that it was “difficult to comprehend how a mighty State could harbour the fear” that a one-day religious ritual would disrupt public order. Quoting the court, he said any such disturbance could arise “only if the State itself were to sponsor it”, and noted the judges’ warning against invoking an “imaginary” law-and-order threat for political ends.