Finding Temple Authorities Failed To Comply, Madras High Court Permits Devotees To Light Lamp At Stone Pillar In Thiruparakundram Hills

After noting that its earlier order, permitting the lighting of lamps (Karthigai deepam) at the Deepathoon (stone lamp pillar) atop the Thiruparakundram hills was not complied with by the management of Arulmighu Subramaniya Swamy Temple, the Madras High Court today permitted devotees to go to the hill and light the deepam themselves. Justice GR Swaminathan made the direction in a contempt petition moved by one of the petitioners in the earlier litigation. The court also directed the CISF commandant of High Court's Madurai bench to give protection to the devotees, allowing them to carry out the court order. The court also permitted the contempt petitioner to take ten other persons along with him. “The Executive Officer (of the temple) has made his position clear by his conduct. I, therefore, permit the petitioner to go up the Hill and light at the Deepathoon. I am conscious that this is only a symbolic gesture. But the importance of symbolism cannot be lost sight of. The petitioner can take ten other persons along with him including the other petitioners. Such assistance is required to carry the articles. I direct the Commandant, CISF Unit, Madurai Bench of the Madras High Court to send a team of CISF Personnel to offer protection to the petitioner and his associates in carrying out this court's order,” the court ruled today. On December 1st, the court had permitted the lighting of lamp on Karthigai Deepam day. While passing the order, the court had observed that the deepathoon was not located in the area that belonged to the Muslims and thus lighting the lamp would not affect the rights of the community. At the same time, the court added that not allowing the lighting of lamps would affect the rights of the temple and the devotees. It may be noted that the lights were to be lit today (December 3rd ) at 6pm. The contempt petition was moved by one of the petitioners alleging that the temple management had not made any arrangements for lighting the lamp and that the court's order would definitely be breached. When the matter was taken up at 5pm, the Additional Advocate General J Ravindran submitted that the petition was a premature one. The court then decided to take up the case at 6:05pm. Subsequently, when the case was taken up, the petitioner informed the court that the lights had been lit at the Uchi Pillaiyar Temple at 06.00 PM as was done every year, but no lights were lit at the Deepathoon as directed by the court. Noting that there was a breach of the order, court observed that the authorities had made it clear that they would not implement the orders. The court added that as long as its order was not stayed or set aside by a division bench, the authorities were to comply the order in letter and spirit. The court added that by remaining inactive, the authorities had defied the orders. The court also remarked that no irreversible consequences would have happened if the authorities decided to implement the court orders. However, defying the order would send a bad signal and would encourage officials to indulge in such conduct in the future also. “The fundamental rights of the writ petitioner are involved. Rule of law is at stake. The State administration has decided to cock a snook at this Court's order. Merely admitting the contempt petition and issuing statutory notice will not serve the purpose. I had not ordered the execution of anybody. I had not ordered demolition of any building. No irreversible consequence will ensue if the order of this Court is obeyed. On the other hand, defying the order of this Court would send a very bad signal. It would encourage the officials to indulge in such conduct in future also. That would sound the death knell of democracy itself,” the court observed. Thus, as a symbolic gesture, the court permitted the devotees to go to the hills and light the lamps. Counsel for Petitioner: Mr. RM.Arun Swaminathan Counsel for Respondents: Mr.J.Ravindran, Addl. Advocate General, Assisted by Mr.S.S.Madhavan, Addl. Government Pleader, Assisted by Mr.S.Ravi, Addl. Public Prosecutor Pleader, Mr.V.Chandrasekar Case Title: Rama Ravikumar v. KJ Praveenkumar IAS and Others Citation: 2025 LiveLaw (Mad) 465 Case No: CONT P(MD) No.3594 of 2025 Click Here To Read/Download The Order

Finding Temple Authorities Failed To Comply, Madras High Court Permits Devotees To Light Lamp At Stone Pillar In Thiruparakundram Hills

Upasana Sajeev

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