Daijiworld Media Network - Madurai

Madurai, Jan 6: The Madurai Bench of the Madras High Court on Tuesday upheld an earlier order permitting the lighting of Karthigai Deepam on the ‘Deepathoon’ stone pillar atop the Thiruparankundram hill, strongly criticising the state government’s apprehension of law and order issues and terming it an “imaginary ghost”.

A Bench comprising Justices G Jayachandran and K K Ramakrishnan dismissed a batch of appeals filed by the Tamil Nadu government and other stakeholders, and affirmed the December 1, 2025 order of Justice G R Swaminathan, which had allowed the ritual to be performed at the Deepathoon situated near the Sikkandar Badusha Dargah.

Observing that the fears expressed by the state were unfounded, the Bench said the apprehensions appeared to be projected in a manner that could set one community against another. “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, located within its territory, on a particular day in a year, will cause disturbance to public peace,” the judges remarked.

They added that such a situation would arise only if disturbance was “sponsored by the State itself” and expressed hope that no government would stoop to such levels to achieve political ends.

While disposing of the appeals, the court laid down specific guidelines to ensure peaceful observance of festivals by both communities on the hill. The Bench directed that the devasthanam may light the deepam at the Deepathoon, but members of the public should not be allowed to accompany them during the ritual. The number of persons involved should be decided by the devasthanam in consultation with the Archaeological Survey of India (ASI) and the police, while the district collector was asked to coordinate and supervise the event.

The ASI was also directed to impose necessary conditions to protect and preserve the monument. Expressing optimism, the judges said adherence to these directions would ensure that there would be “only light and no fight”.

The Bench further observed that the appellants had failed to produce any evidence to show that lighting the deepam at a place other than directly above the sanctum sanctorum violated Agama traditions. It noted that the Deepathoon, being at a vantage point and located on a different rock summit lower than the peak where the dargah stands, was an ideal location for the ritual.

The court rejected the contention that an inquiry under Section 63E of the HR and CE Act was an alternative or efficacious remedy. It also dismissed the Tamil Nadu Waqf Board’s claim that the stone pillar belonged to it, describing the submission as “mysterious”, and held that it only fuelled scepticism regarding the board’s offer of mediation. The plea that the issue was barred by res judicata was also turned down.

Emphasising customary practices, the Bench said when there exists a tradition of lighting lamps at elevated places and a suitable location is available within devasthanam property, there was no plausible reason to deny devotees their request, especially when it did not offend morality or public policy.

Criticising the state further, the judges said projecting the ritual as a potential cause for stampede or disharmony reflected either an incapacity to maintain law and order or a reluctance to foster harmony between communities.

Justice G R Swaminathan, in his December 1, 2025 order, had permitted the lighting of Karthigai Deepam on the stone pillar near the dargah in addition to the usual locations. However, the order was not implemented citing law and order concerns, prompting appeals by the district collector, city police commissioner, HR and CE officials, devasthanam authorities, dargah representatives and the Waqf Board.

After hearing all stakeholders, the Bench had reserved its verdict on December 18. Meanwhile, a contempt petition filed by petitioners Rama Ravikumar and S Paramasivam over non-compliance of the December 1 order remains pending before Justice Swaminathan and is expected to be taken up on January 9.