Thiruparankundram deepam row: Madurai bench refuses to stay single judge order

In a setback to the Tamil Nadu government, the Madurai Bench of the Madras High Court on Tuesday (December 16) refused to stay proceedings before a single judge in a contempt of court petition related to the controversial lighting of Karthigai Deepam at a stone pillar (Deepathoon) atop Thiruparankundram hill.

A division bench comprising Justices G. Jayachandran and K.K. Ramakrishnan, hearing a batch of appeals against the December 1 order of Justice G.R. Swaminathan, permitting the ritual at the disputed pillar, declined a request to halt the single judge's contempt hearing.

The single judge had directed temple authorities to light the Deepam at the ancient pillar near the Sikandar Badusha Dargah, in addition to the customary spot, asserting it as part of long-standing Hindu tradition on temple property.

Intense arguments marked the latest hearing in the Thiruparankundram Karthigai Deepam controversy, as appellants challenged Justice G.R. Swaminathan's order allowed the ritual at a hilltop stone pillar claimed by Hindu petitioners as a traditional Deepathoon.

Bench questions nature of structure

The division bench refused to intervene in ongoing contempt proceedings while questioning the nature of the structure and hearing claims from the temple, state, dargah and Waqf sides.

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Appellants, including the state government, HR&CE department and dargah management, argued that the pillar is not a Deepathoon but possibly a Jain-era structure or survey stone, with no historical evidence of Karthigai Deepam being lit there for over a century. Police intervention maintained peace during the festival, they claimed, adding that the single judge's directive overlooked land records showing the site falls under Waqf property and could disrupt communal harmony."

“The location for lighting the lamp is on land belonging to the dargah under Waqf; accessing it via the dargah path would inconvenience the minority community," argued counsel for the Waqf and dargah sides. They further contended that a 1994 order vested decision-making on hilltop rituals with the temple's devasthanam, and civil rights issues like ownership require determination by a civil court, not writ jurisdiction.

‘What is the truth’

Petitioners countered that the entire hill belongs to the Murugan temple, with the pillar on temple land as part of an ancient cultural practice. "Lighting Deepam at the summit aligns with our traditions," their counsel submitted. The bench posed sharp questions, "One side calls it a survey stone, another a Jain pillar, what is the truth? Who constructed it?"

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On a government plea to exempt the Chief Secretary and ADGP from personal appearance in the contempt case, the judges said, "Approach the single judge for relief; we cannot direct it."

The court adjourned further hearing, emphasising the need for evidence on the pillar's identity and historical use. The case stems from petitions seeking to revive lighting at the hilltop pillar, which Justice Swaminathan permitted, leading to appeals amid claims it risks social harmony on the multi-faith site housing the Subramaniya Swamy temple and Sikandar Badusha Dargah.