MADURAI: While the state took a firm stand that there is no empirical data to prove that the stone pillar atop Thiruparankundram hill is a ‘deepathoon’ and that the issue could be decided only through an inquiry under Section 63 of the HR&CE Act, a counsel on the devotees’ side submitted a book said to have been published by the temple in 1991 to support their their claim about the past usage of the stone pillar for lighting lamps.
After extensively hearing all stakeholders, a division bench of justices G Jayachandran and KK Ramakrishnan reserved orders on the batch of appeals filed against the order passed by Justice GR Swaminathan, directing the executive officer of the Subramaniya Swamy temple to light Karthigai Deepam on the ‘deepathoon’ atop the hill, in addition to the usual places, from this year onwards. The appeals were filed separately by the state and district authorities, the Tamil Nadu Waqf Board and the Sikkandar Badusha Dargah situated on the hilltop.
While a major portion of the arguments concluded by Wednesday evening, Advocate General PS Raman, in his rejoinder arguments on Thursday, said the state did not want to take any specific stand on whether the stone pillar was this or that. “Some may say it is a Jain structure and others may say it is dargah property. The state has not formed any opinion about the deepathoon,” he said, referring to earlier arguments made by the HR&CE and Waqf Board counsels.
He, however, informed the court that long before the deepathoon issue came up the survey and revenue departments of Tamil Nadu had initiated proceedings to verify the importance of various stone pillars in Tirunelveli and Madurai. A government order was also issued in this regard, he said, adding that this exercise might throw some light on the matter.
Raman further said he concurred with the petitioners’ contention that a civil suit was not an appropriate remedy in the issue, but argued that an inquiry under Section 63 of the HR&CE Act was the correct and only remedy.
A few minutes before the hearing concluded, senior counsel J Karthikeyan, appearing for the petitioners, submitted new evidence in the form of a book said to have been published by the temple management in 1991. Advocate Niranjan S Kumar shared page 21 of the book which states that during the Thirukarthigai festival, lamps are also lit on the deepathoon.
The judges said the Letters Patent Appeals preferred against the interim orders passed by Justice Swaminathan in the contempt petitions relating to the issue would be heard on January 7.