The Tamil Nadu government, in its counter-affidavit filed before the Supreme Court, has firmly defended the traditional practice at Arulmigu Subramaniaswamy Temple, one of the six abodes of Lord Subramania in Madurai.
The petitioner, Hindu Dharma Parishad, wants a permanent lamp at the Deepathoon, a stone pillar on the hill, and the illumination of the entire hill during Karthigai Deepam.
The Tamil Nadu government has rejected the demand.
According to HR&CE Commissioner Dr T G Vinay, for over 150 years, the Deepam has been lit only at the Deepa Mandapam near the Uchipillaiyar temple. This is not an administrative choice. It is based on the Agamas, the opinion of Sthanikars, and continuous practice.
The State government said that the Madras High Court’s directions in 1996 are still binding. Only the Devasthanam may light the Deepam, ordinarily at the traditional spot. Any change requires a decision by the Devasthanam, along with prior permission from the HR&CE. No individual or organisation can impose a new spot.
The State warns that allowing a 24x7 lamp at the Deepathoon and lighting the entire hill would not only violate Agama and custom but also create serious safety, crowd and environmental issues on a hill that also has a dargah and protected monuments.
The Tamil Nadu government said that if the entire hill is handed over to the ASI, the temple’s right to manage its own festival will be lost. The ASI is meant to protect monuments, not to conduct festivals or decide Agamic rituals.
The State has also opposed the ASI takeover plea on title grounds. "The temple’s ownership is settled by the 1923 decree, restored by the Privy Council in 1931. ASI protection is limited to the cave and inscriptions," the Tamil Nadu government said.
The bench of Justices Aravind Kumar and Vipul M Pancholi is scheduled to hear the matter on November 17, when it is likely to adjudicate whether a century-old custom can be changed through a writ petition without proof of a violation of fundamental rights.