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Madras High Court Allows Karthigai Deepam at Thiruparankundram, Bars Public Entry
The Madras High Court Division Bench permits lighting of the Karthigai Deepam at Thiruparankundram hill using the “Deepathoon”, while barring public entry to the hilltop. The Bench modifies a Single Judge order after appeals by the State government, the Hindu Religious and Charitable Endowments (HR&CE) Department, and dargah representatives, and directs District Collector coordination with Archaeological Survey of India conditions.
Madras High Court Division Bench Ruling on Karthigai Deepam at Thiruparankundram (Deepathoon)
| Dimension | Key Details |
|---|---|
| Location | About 1,050 ft on the outskirts of Madurai; the base comprises Arulmigu Subramanian Swamy Cave Temple; the summit comprises the burial site of Sufi saint Sikkandar Badhusha around which a dargah developed; the hill comprises Jain rock beds and caves. |
| Single Judge order | A Single Judge authorises temple management to light the lamp with police assistance; contempt proceedings are initiated when the temple Executive Officer flags law-and-order concerns; a small team is permitted to climb the hill under security cover. |
| State/HR&CE objections in appeal | The State government and HR&CE Department contend that disputes over custom and usage must be decided under the HR&CE Act (not via writ proceedings) and contest whether the Deepathoon has religious significance. |
| Effect of prohibitory orders | Citing crowd control and public peace concerns; as a result, the lamp is not lit on the festival day. |
| Appeals | Appeals are filed by the State, the HR&CE Department, and representatives of the dargah. |
| “Deepathoon” structure | The Division Bench holds that the structure is a Deepathoon, noting a carved cavity suitable for oil and wicks, and rejects the claim that it is merely a survey marker. |
| Ruling on law-and-order apprehension | The Division Bench rejects the administration’s security concerns as an “imaginary” apprehension and observes that allowing a small team of temple officials to access the hill once a year is manageable. |
| Who is permitted to perform the ritual | Limited Devasthanam team. |
| Public access condition | No public access to the hilltop for the ritual. |
| District Collector role | Coordinate the exercise. |
| Archaeological Survey of India (ASI) compliance | Protect the monument; a three-judge Bench earlier prohibits animal sacrifice noting the hill’s status as a protected monument under ASI rules. |
| 1996 High Court direction on location constraints | Lighting the Deepam at the Uchipillaiyar Temple mandapam; alternate locations are permitted only if at least 15 metres away from the dargah, the flight of steps, and the Nellithope area. |
| 1923 civil suit ruling | A 1923 trial court ruling provides for: most of the unoccupied hill and pilgrim path belonging to the temple; and the topmost peak, the area around the mosque, Nellithope, and the steps leading to it being Muslim property. |