Karthigai Deepam Row: Tamil Nadu Approaches Supreme Court Over Madras HC Order On Thiruparankudram Hill

The Special Leave Petition (SLP), filed on June 11 through Advocate-on-Record B. Karunakaran, assails a January 6 judgment of a Division Bench of the Madras High Court (Madurai Bench), which upheld an earlier order of a single judge allowing devotees to light a lamp at the 'Deepa Thoon' (stone lamp pillar).

The dispute pertains to a stone pillar located around 50 metres away from a Dargah on the hill. The writ petitions before the High Court had been filed by individuals seeking recognition of their right to light the 'Karthigai Deepam' at the spot.

The Hindu Religious and Charitable Endowments (HR&CE) Department, which administers the Lord Subramaniya Temple situated at the foothills, opposed the plea. The State contended that there was no established custom of lighting the lamp at the Deepa Thoon and asserted that the ritual had traditionally been performed at a different location.

Allowing the writ petitions in December last year, Justice G.R. Swaminathan held that lighting the lamp did not affect the rights of the Dargah and that preventing devotees from performing the ritual would infringe their rights. Following the State administration's refusal to permit the ceremony, contempt proceedings were initiated, during which Justice Swaminathan directed that the event be conducted with the protection of CISF personnel.

The Division Bench subsequently upheld the orders passed in the contempt proceedings and, in January, affirmed the single judge's ruling in the writ petitions. The Bench observed that permitting the lighting of the lamp would not create any law and order issues and held that the temple administration had a duty to preserve and protect religious traditions. It also rejected the State's contention that the Deepa Thoon was merely a survey stone erected during British rule.

The State had earlier challenged the contempt-related orders before the Supreme Court in December last year. However, that petition was never listed for hearing.

The fresh SLP filed by the State now seeks to set aside the High Court's orders permitting the lighting of the Karthigai Deepam at the Deepa Thoon near the Dargah on the Thiruparankudram hill.