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A division bench of the Madurai bench of Madras High Court, on Tuesday, January 6, upheld an earlier single-judge order permitting the lighting of the Karthigai Deepam at a stone pillar (Deepathoon) located near a dargah on the Thiruparankundram hill in Madurai. The division bench came down sharply on the state government's claim that the ritual could disturb communal harmony, calling it an “imaginary ghost” created by the state.
A bench comprising Justice G Jayachandran and Justice KK Ramakrishnan dismissed appeals filed by the Tamil Nadu government, the Hazarath Sultan Sikandar Badusha Avuliya Dargah, the police, and the Tamil Nadu Waqf Board against the order passed by Justice GR Swaminathan on December 4.
The litigation arose from a petition filed by Rama Ravikumar of the Hindu Munnani, seeking permission to light the Karthigai Deepam not only at the Uchchi Pillaiyar temple, where the ritual is traditionally performed, but also at a stone pillar situated on the higher peak of the hill, less than 50 metres from the dargah.
Justice GR Swaminathan had allowed the plea, holding that the lamp could be lit at both locations. The state government, however, refused permission, citing potential law-and-order issues, which in turn led to contempt proceedings against the district administration.
‘Imaginary ghost’ of law and order problem
“We find that the apprehension expressed by the district administration regarding the probability of disturbance to the public peace is nothing but an imaginary ghost created by them for their convenience’s sake,” the court said, adding that such claims only placed “one community against other communities under suspicion and constant mistrust.”
The judges noted that allowing a limited number of Devasthanam representatives to light the lamp while devotees remained at the foothills was entirely manageable. The court said that the government and the police projecting the ritual as a potential trigger for unrest reflected their “incapacity to maintain law and order or hesitation to bring harmony among the communities.”
In another stinging observation, the bench remarked, “It is ridiculous and hard to believe the fear of the mighty State that by allowing representatives of the Devasthanam to light the lamp at the stone pillar near the top of the hill… on a particular day in a year, will cause disturbance to public peace. Of course, it may happen only if such disturbance is sponsored by the State itself.”
Deepathoon and ownership claims
A major point of dispute was the nature and ownership of the stone pillar, referred to in the judgement as the ‘Deepathoon’.
The state argued that the disputed pillar was a British-era survey stone, relying on extracts from an 1879 book by Surveyor General JT Walker on the Great Trigonometrical Survey of India.
The court, however, said that relying on Walker’s book and an 1899 official survey synopsis, it was evident that the pillar was not a survey stone. The judgement concluded that survey points were typically marked by a dot and concentric circle engraved directly on solid rock or on simple mark-stones or bricks, often protected by cairns or platforms built from locally available materials. “This eliminates the calculated campaign launched by some of the private individuals that the pillar is only a mark stone left behind by the survey department of Britishraj,” the court said.
The court also noted that while the petitioners submitted that the pillar was not a survey stone, the government and the HR & CE Department put forward different theories.
“One of the Senior Counsel appearing for the District Collector claims that it is a granite stone, but what purpose it stands there, the Government knows nothing. Another learned Senior Counsel appearing for the HR & CE Department claims that it is no doubt a lamp post. However, it was not used by the Hindus for lighting deepam during the Karthigaideepam, but it was a lamp post for the Jain monks who used to gather at night for discussion.” The court said this was proof that the government did not ascribe to the view that the pillar was a survey stone.
The court said the pillar on the Thiruparankundram hill has a carved cavity meant to hold oil and cotton wicks and has long been identified locally as a Deepathoon or Seegarathoon. The bench also accepted the reasoning that, being at a vantage point, the pillar was an ideal location for lighting the Deepam so that devotees at the foothills could view and worship it.
Importantly, the court recorded that the pillar is located on land that has already been declared the property of the Devasthanam by a competent civil court. It categorically rejected the Waqf Board’s claim over the structure, describing it as “shocking” and noting that even the dargah had not asserted ownership over that portion of the hill.
“This clearly discloses that the offer of the Waqf for mediation is not bona fide,” the bench observed, pointing out that no documents were produced to show that the dargah was even notified under the Waqf Act.
The bench further held that the appellants had failed to demonstrate that lighting the Deepam at the disputed location violated agamic rules, morality, or public policy.
“When there is a custom of lighting lamp at the elevated place available and a place is available within the limits of Devasthanam property, there is no plausible reason for the Devasthanam to refuse to comply with the wishes of its devotees,” the court said.
The state had also argued that, according to agamic principles, the Uchchi Pillaiyar temple alone was the appropriate place for lighting the Karthigai Deepam. The division bench rejected this contention, holding that no religious text had been produced to support such a claim.
“Therefore, we hold that there is no material to substantiate the existence of any Agamasastra, which prohibits lighting the Mahadeepam only at the place called as Uchipillaiyar Temple and not at any other place on the hill,” the court said.
The judges further observed that both the Devasthanam and the state had “without any valid reason” closed their minds to identifying a suitable location that would serve the very purpose of the ritual—allowing devotees at the foothills to view and worship the Deepam on the auspicious day.
Taking note of the hill’s status as a protected archaeological site under the Archaeological Survey of India (ASI) Act, the court directed that the ritual be conducted in a regulated manner. The Devasthanam alone is permitted to light the lamp at the Deepathoon, with no public allowed to accompany the team. The number of persons involved is to be fixed in consultation with the ASI and the police, and the entire event must be coordinated and supervised by the district collector.
Thiruparankundram hill is a site of multi-religious significance. It houses the Arulmigu Subramaniya Swami Temple at its foothills, the Hazrat Sultan Sikandar Badusha Auliya Dargah on the upper peak, and several Jain relics, including rock-cut beds and inscriptions, on its southern and western faces, leading to its declaration as an archaeological site.
