SC refuses stay on Madras HC order allowing Thiruparankundram Deepam
Synopsis
Key Takeaways
The Supreme Court on Monday declined to stay a Madras High Court order permitting the lighting of the traditional Karthigai Deepam at the 'deepa thoon' (lamp pillar) atop Thiruparankundram hill near a dargah in Madurai district, even as it issued notice on the Tamil Nadu government's challenge. The apex court's refusal to grant an ex parte stay means the High Court order remains operative for now.
What the Supreme Court Did
A Bench of Justice Aravind Kumar and Justice Vipul M. Pancholi issued notice to the original writ petitioners before the Madras High Court and other respondents, and tagged the matter with a connected pending case for further hearing. The Bench specifically declined the state's request for an immediate stay on the High Court's order, issuing notice on the stay application instead.
Notably, the Bench questioned the Tamil Nadu government on the delay in approaching the Supreme Court — the state's Special Leave Petition (SLP) was filed on 11 June, nearly five months after the High Court order was passed in January. The SLP was filed shortly after the new government led by Chief Minister C. Joseph Vijay assumed office.
The Thiruparankundram Dispute Explained
Thiruparankundram hill, located near Madurai, is home to the famed Arulmigu Subramaniya Swamy Temple — one of the six abodes of Lord Murugan — as well as a dargah situated near its summit. The dispute centres on the lighting of the Karthigai Deepam at the stone pillar known as the 'deepa thoon', which stands near the dargah atop the hill.
The Madras High Court's Madurai Bench had partly upheld an earlier order by single-judge Justice G.R. Swaminathan, permitting the temple administration to light the ceremonial lamp at the stone pillar in addition to the customary locations where the ritual is traditionally observed.
What the High Court Said
The High Court had firmly rejected the state government's contention that permitting the ceremony near the dargah could trigger communal tensions and disturb public order. In his judgment, Justice Swaminathan had described the authorities' apprehensions as an 'imaginary ghost', questioning why a government with extensive administrative and policing powers would be unable to maintain peace during a religious event conducted on temple land.
The court had further observed that allowing a limited number of temple representatives to light a ceremonial lamp at the designated stone pillar on a single day each year could not be regarded as an unmanageable law-and-order exercise. It had also cautioned the state government against pursuing any political agenda through such objections, stressing that ensuring peaceful worship is a constitutional responsibility of the state.
Linked Petition and What Comes Next
The Supreme Court has ordered that the state's SLP be tagged with a pending writ petition filed by the Hindu Dharma Parishad, which seeks an Archaeological Survey of India (ASI) takeover of Thiruparankundram hill and directions for the daily lighting of the lamp at the disputed spot. The combined hearing will determine the broader question of administrative and religious rights over the contested site. With the stay refused, the next date of hearing will be closely watched by both Hindu groups and those with interests in the dargah.