Madras HC upholds order allowing lamp lighting near Madurai dargah
What's the story
The Madras High Court has upheld an order permitting the lighting of Karthigai Deepam at a stone pillar near the Hazarath Sultan Sikkandar Badhusha Avuliya Dargah on the Thiruparankundram hills. The decision was taken by a division bench of Justice G Jayachandran and Justice KK Ramakrishnan. The court rejected objections from the Tamil Nadu government and other appellants over law-and-order concerns and customs.
Ruling details
Court dismisses claims of potential public disturbance
The bench observed that the order was not barred by res judicata, which prevents the same parties from re-litigating issues already decided, stating that the issue had not been conclusively decided in earlier litigations. It dismissed claims that lighting the lamp could disturb public peace. It said such disturbances could only happen if "sponsored by the state itself," adding that it hoped no state would stoop to such a level to further a political agenda.
Case history
Background of the case and appeals
The judges also expressed skepticism over claims that the pillar belonged to the dargah, which complicated mediation efforts presented in court. The appeals were against a December 1 order directing Arulmigu Subramania Swamy Temple management to light Karthigai Deepam at the hill's ancient stone lamp pillar. After non-compliance, the judge allowed devotees to light it themselves, leading to pending contempt proceedings. The state, police, dargah, and Tamil Nadu Waqf Board challenged this order in court.
Legal arguments
Arguments presented by state and religious bodies
The state argued devotees had no legal right to seek lighting of the lamp, with the Advocate General contending it was a private petition, not public interest litigation. The Hindu Religious and Charitable Endowment Department said it was up to the devasthanam to decide on lighting the lamp. Meanwhile, the dargah claimed that the minority community faced difficulties enjoying the land granted in 1920 and alleged inadequate opportunity was given by the single judge's order.
Final ruling
Court's final decision on lamp lighting
The Joint Commissioner of HR and CE departments argued the pillar wasn't meant for Karthigai Deepam but was used by saints. Madurai Collector and Police Commissioner opposed the order, calling Deepathoon itself a "figment of imagination." They cited practical difficulties in accessing the spot through the dargah premises. However, these contentions were rejected by the division bench, which upheld the single judge's directions for lamp lighting at the Thiruparankundram hills stone pillar.