The Madurai Bench of the Madras High Court has broadened the scope of a legal dispute concerning the location for lighting the Karthigai Deepam on Thiruparankundram hill by making the Hindu Religious and Charitable Endowments (HR&CE) Department and the Tamil Nadu Waqf Board parties to the case. The court has adjourned the hearing to 27 November 2025, directing all parties to file their responses.
The litigation stems from a batch of petitions challenging the decision of the Subramaniya Swamy temple authorities to light the ceremonial lamp at the ‘Deepa Mandapam’ near the Uchipillaiyar temple. The petitioners, including Rama Ravikumar and Solaikannan of the Hindu Makkal Katchi, have contested this, alleging that the ‘Deepa Mandapam’ is traditionally used for the ‘Moksha Deepam’ ritual and cannot be used for Karthigai Deepam.
They have claimed that the Karthigai Deepam was historically lit on an ancient stone pillar located about 15 metres away from the Sikandar Badushah Dargah on the hilltop, arguing that this location offers greater visibility.
Justice GR Swaminathan, who is hearing the petitions, had previously taken suo motu cognizance to include the Dargah authorities and the Archaeological Survey of India (ASI) in the proceedings. In a significant step, the judge personally inspected the contested spots on the hill on 19 November 2025.
During the hearing on Monday, arguments intensified. The counsel for the Dargah cited a subordinate court judgment from 25 August 1923, which declared that the Nellithope and the entire hilltop where the mosque and its flag staff are situated belong to the Muslim community. He further pointed to historical precedents from 1862 and 1912, where attempts to light the deepam at the summit were interdicted by the magistrate on grounds that it was not customary and due to apprehensions of a breach of peace. The Dargah’s counsel argued that the petitioners’ remedy lies before a civil court.
These contentions were supported by another advocate, who appeared in support of the temple authorities’ decision to use the Uchipillaiyar temple site. This advocate also sought an interim direction for police protection at the hilltop.
However, the petitioners’ counsels opposed these arguments, maintaining that the stone pillar is situated at a distance from the Dargah and that lighting the lamp there would not disturb religious harmony.
Arguments on Custom, Property and Worship Law
An intervenor argued that under the Places of Worship (Special Provisions) Act, the site must remain as it existed in 1947, meaning the Deepam should be lit at the earlier location. Justice Swaminathan clarified that the Act applies only to places of worship and not to property disputes.
Another intervenor raised concerns about communal harmony ahead of elections. The judge said such apprehensions were unrelated to the legal question before the court.
Appearing for the All Caste Archakas’ Association, advocate Vanchinathan argued that the temple administration’s decision to light the Deepam near the Uchipillaiyar Temple had already been affirmed by a Division Bench and did not warrant interference. He reiterated that there was an existing order recognising Dargah ownership of the hill’s summit.
Justice Swaminathan noted that Thirupparankundram hill has multiple peaks and remarked that maintaining social harmony is the responsibility of the government, not the court.
The judge then impleaded the HR&CE Commissioner and the Tamil Nadu Waqf Board as respondents, directing all parties including temple authorities, the Dargah, ASI, intervenors, and newly added respondents, to file counter affidavits.
The case has been adjourned to November 27 for further hearing.
(Source: The New Indian Express)
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