The Madras High Court (Madurai Bench) has permitted the lighting of the festival lamp — Karthigai Deepam — at the ancient stone lamp pillar (known as Deepathoon) on Thiruparankundram Hill, on the ground that doing so will not infringe upon the rights of the nearby Muslim dargah, and that denying the lighting would prejudice the religious rights of the adjoining temple and its devotees. The Court was hearing several petitions filed by devotees who argued that the traditional ritual had historically been performed at the Deepathoon, and challenged the decision of the temple administration to light the Deepam only at the usual location — a Deepa Mandapam near the Uchipillaiyar temple on the hill.
The Court observed that the Deepathoon does not lie within the area belonging to the dargah. The dargah management had failed to show how their rights would be violated if the lamp were lit at the Deepathoon. On the other hand, preventing the lighting would be unjust to the temple and its worshippers. The Court noted that the temple administration had a legal duty to protect its property and preserve its rights; failure to do so could result in gradual loss of property. By lighting the Deepam at the Deepathoon, the temple would assert and protect its interests over the unoccupied portions of the hill.
Tracing the history of litigations over the hill, the Court referred to a 1923 civil court decree, upheld on appeal later, which established that the temple management was owner and in possession of almost the entire hill, except for certain defined portions — namely the area known as Nellithope, the new mandapam, the flight of steps leading to the mosque, and the top of the rock on which the mosque and its flagstaff stand. Since the Deepathoon is situated outside those defined portions and is atop a lower peak separate from the mosque peak, it belongs to the temple’s domain.
The Court rejected objections that lighting the lamp at Deepathoon lacked customary legitimacy or that previous rulings had disallowed it. It held that lighting a lamp atop a hill during Karthigai is part of Tamil tradition, and the very existence of a stone pillar indicates its intended use as a lamp post. The tradition may have lapsed, but that does not mean restoring it is impermissible. The Court emphasized that restoration is not merely a matter of religious custom but also a necessary assertion of property rights — to prevent encroachment and preserve what remains of the temple’s property.
Consequently, the Court directed that from this year onwards, the Karthigai Deepam be lit at the Deepathoon, in addition to the customary lighting at the Deepa Mandapam near the Uchipillaiyar temple. The Court also directed the local police to ensure compliance and guarantee that no obstruction occurs during the lighting.
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