Madras HC upholds Justice Swaminathan’s order, clears Thirupparankundram lamp lighting

The Madurai Division Bench of the Madras High Court on Tuesday dismissed appeals filed by the Tamil Nadu government and upheld the order of a single bench judge permitting the lighting of a traditional lamp at the ‘ Deepathoon ’, a stone pillar located atop the Thirupparankundram hill at the Arulmigu Subramania Swamy Temple in Madurai district, Tamil Nadu. The litigation originated from a petition filed by a devotee seeking permission to light the Karthigai Deepam at the hilltop pillar, an order that later became the subject of legal challenge and wider political and law-and-order controversy.

A Bench comprising Justices G. Jayachandran and K.K. Ramakrishnan affirmed the earlier order passed by Justice G.R. Swaminathan , holding that the spot where the Deepathoon stands forms part of the land belonging to the Arulmigu Subramania Swamy Temple .

The court made the observation while dismissing the appeals filed by the DMK-led Tamil Nadu government challenging the single bench order. The Division Bench noted that the district administration ought to have treated the dispute as an opportunity to promote communal harmony through dialogue and mediation, instead of allowing the situation to escalate into a law-and-order issue.

The Bench clarified that Thirupparankundram hill is a protected site and any ritual performed there must strictly comply with heritage conservation laws . It ruled that the lamp may be lit after consultation with the Archaeological Survey of India (ASI), and that authorities are empowered to regulate the number of persons permitted to participate in the ritual.

Petitioner Rama Ravikumar welcomed the verdict, calling it a victory for devotees of Lord Muruga and stating that the judgment reaffirmed the religious rights associated with the historic hill temple.

The case drew nationwide attention following a political backlash in Parliament. During the Winter Session of the Lok Sabha, more than 100 MPs from the INDIA bloc submitted a representation to Speaker Om Birla seeking to initiate impeachment proceedings against Justice G.R. Swaminathan for passing the earlier judgment directing temple authorities to ensure that the traditional lamp was lit at the Deepathoon, located near a dargah on the hilltop. The MPs contended that the order could disturb communal harmony and raised concerns over what they described as judicial overreach.

The dispute traces its origins to differing claims over the traditional location for lighting the Karthigai Deepam . While the petitioner contended that the ritual historically involved lighting the lamp on the Deepathoon, the state government maintained that the practice for several years had been to light it at the nearby Deepa Mandapam. Citing potential law and order issues, authorities had opposed lighting the lamp at the hilltop pillar.

In December, tensions escalated during the Karthigai Deepam festival when clashes broke out between right-wing activists and the police. Subsequently, the Madurai Bench found that its earlier directions had been wilfully disobeyed and ordered that the petitioner, along with ten others, be allowed to climb the hill to light the lamp, while directing the Central Industrial Security Force (CISF) to provide adequate security.

Rejecting the state’s appeal, the Division Bench noted that apprehensions of law and order could not be used as a blanket justification to deny constitutional and religious rights, particularly when adequate security arrangements were feasible.

With Tuesday’s ruling, the High Court has reaffirmed the legality of lighting the lamp at the Deepathoon, even as the controversy continues to resonate in political circles beyond the courtroom.