CHENNAI: The Madurai Bench of the Madras High Court on Tuesday upheld an earlier order permitting the lighting of Karthigai Deepam on the Deepathoon atop Thiruparankundram hill, dismissing the state’s apprehensions of disturbance to public peace as an “imaginary ghost”.
The court backed the December 1, 2025 order of Justice G R Swaminathan, which directed that the ritual be conducted at the Deepathoon located near the Sikkandar Badusha Dargah.
Observing that the state’s concerns were unfounded, the Bench said such fears appeared to be projected in a manner that could pit 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 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," a bench of justices G Jayachandran and KK Ramakrishnan said.
Disposing of a batch of appeals filed by the state and other stakeholders, the Bench however framed some guidelines for lighting the lamp on the above pillar to ensure that both communities are able to celebrate their festivals on the hill without disturbing each other. The judges said the devasthanam should light the deepam on the "Deepathoon" but the public should not be permitted to accompany them during the lighting. The number of persons to be involved in the lighting should be decided by the devasthanam in consultation with the Archaeological Survey of India (ASI) and the police, while the district collector should coordinate and supervise the event.
The ASI should also impose conditions to preserve the monument. The judges hoped that by implementing the above directions, which can be suitably modified whenever festival of respective community falls, there will be "only light and no fight".
Earlier, the bench observed that the appellants have failed to provide any evidence that lighting the deepam at a place which is not straight on top of the deity in Sanctum sanctorum would be against Agamas. "Being at vantage point, the stone Pillar called as Deepathoon, which is on the different rock summit and lower to the peak on which the Dharga located, is the ideal place to light Deepam," the bench said.
It also opined that the inquiry under Section 63E of the HR and CE Act is neither an alternative nor an efficacious remedy. The judges also rejected the "mysterious" submission made by the TN Waqf Board that the pillar belongs to them and said the submission only led to the other side becoming skeptical about the board's mediation offer. They also rejected the contention that the issue was res judicata.
When there is a custom of lighting lamp at the elevated place available and a place is available within the limits of devasthanam property, there is no plausible reason for the devasthanam to refuse to comply the wishes of its devotees, when such a request is not against morality or public policy, the bench added.
It further criticised the state for its apprehension that the said act would lead to law and order problem. Such an apprehension is nothing but an imaginary ghost created by them for their convenience sake and to put one community against other community under suspicion and constant mistrust, the judges added. Projecting as if such congregation could lead to stampede or disharmony etc is either an exposure of their incapacity to maintain law and order or hesitant to bring harmony among the communities, they further said.
On December 1, 2025, Justice GR Swaminathan had directed lighting of Karthigai Deepam on a stone pillar near the dargah atop the Thiruparankundram hill, in addition to the usual places. However, the said order was not implemented citing law and order problems.
Instead, appeals were filed by the district collector, city police commissioner, HR and CE officials, the devasthanam, dargah members and the TN Waqf Board. After extensively hearing all stakeholders, the bench had reserved its order on December 18. The contempt petition filed by the petitioners Rama Ravikumar and S Paramasivam over non compliance of the December 1 verdict is still pending before Justice Swaminathan. It is expected to be heard on January 9.