In a setback to the DMK-led Tamil Nadu government, the Madurai Bench of the Madras High Court on Tuesday (January 6) upheld a single judge's order directing the lighting of a lamp on what is claimed as 'Deepathoon' at the stone pillar located atop the Thiruparakundram hills near a dargah.
A Division Bench of Justices G Jayachandran and KK Ramakrishnan delivered the judgment, making it clear that the spot on which the stone pillar (Deepathoon) is located belongs to the Lord Subramania Swamy Temple.
What did the court say?
The court observed that the district administration ought to have treated the issue as an opportunity to bridge the gap between the communities through mediation. It further held that since the hill is a protected site, any activity carried out there must strictly comply with the provisions of the Act. The Court clarified that the lamp may be lit and the number of persons permitted can be fixed, subject to consultation with the Archaeological Survey of India (ASI).
"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 top of the hill located within its territory of devasthanam land, 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. We pray no State should stoop to that level to achieve their political agenda," the bench said.
In its order, the HC bench said the Devasthanam must light the lamp at the Deepathoon. "In addition to the prohibitions and restrictions as found in Ancient Monument and Archaeological Sites and Remains Acts and Rules, ASI shall impose conditions appropriate and necessary to preserve the monuments in the hill."
Petitioner welcomes judgment
The petitioner, Rama Ravikumar, welcomed the judgment and described it as a victory for the devotees of Lord Muruga.
Rajesh, Petitioner and Hindu Munnani leader, said, "The court has delivered a remarkable verdict. The government’s appeal petition has been dismissed. The lamp should be lit on a Deepathoon and the temple administration should make the necessary arrangements for it. The arguments presented by the government today, citing the possibility of law and order issues, were rejected by the court, which observed that they reflected the government’s inaction. This verdict is a victory for the Hindus of Tamil Nadu and for Murugan devotees, including students."
Historical context of the Thiruparankundram dispute
Thiruparankundram hill, one of the six sacred abodes of Lord Murugan, contains an ancient rock-cut temple and is a major pilgrimage centre. The hill also includes a dargah. Tensions between the temple and the dargah date back to 1920, when the ownership of the hill was first contested. A civil court ruling, upheld by the Privy Council, confirmed that the hill belongs to the Subramaniaswamy Temple except for certain areas linked to the dargah. However, the ruling did not address rituals or the Deepam tradition.
The Deepam dispute
The lighting of the Deepam became contentious only in 1994 when a devotee asked the high court to shift the ritual from the traditional site near the Uchipillaiyar Kovil mandapam at the temple to the Deepathoon location on the hilltop close to the dargah. In 1996, the high court ruled that the Deepam should ordinarily be lit in the traditional place near the mandapam, a directive that remains the only judicial order defining the recognised site for the ritual.
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