Court affirms religious freedom and cultural heritage rights of devotees, dismisses State’s apprehensions of public disorder; mandates temple authorities to comply with safety measures under ASI supervision
In a landmark judgment delivered on January 6, 2026, the Division Bench of the Madras High Court (Madurai Bench) addressed a century-old religious dispute over the lighting of the Karthigai Deepam lamp at the ‘Deepathoon’-a stone lamp pillar located on Thiruparankundram Hill, Madurai. The case, arising from multiple writ petitions, centered on whether the temple authorities should be directed to light the festival lamp at this historic stone pillar during the Tamil month of Karthigai, a practice claimed by devotees as part of their customary religious rites.
The controversy pitted the devotees and temple management against the State administration, the Hindu Religious and Charitable Endowment (HR & CE) Department, representatives of the Sikkandar Dharga (a Muslim shrine on the hilltop), and the Tamil Nadu Waqf Board. The State and other respondents expressed apprehensions about potential public order disturbances, questioned the legitimacy of the claimed custom, and raised objections based on ‘Agama Sastra’ religious texts and ancient monuments regulations.
After extensive review of voluminous records, historical documents, and previous judicial rulings-including a significant civil suit decree from 1920 confirmed by the Privy Council in 1931-the Court held that the stone pillar known as ‘Deepathoon’ indisputably belongs to the Devasthanam (temple trust) and is part of the temple property. Lighting the lamp at this vantage point is an ancient religious practice, consistent with Tamil culture and the right to worship guaranteed under Articles 19(1)(a), 25(1), and 29(1) of the Indian Constitution.
The Court rejected the State’s argument that lighting the lamp at the Deepathoon would necessarily cause public disorder, describing such fears as “imaginary ghosts” manufactured by authorities. It emphasized that any risk of communal tension stems from mismanagement rather than the religious practice itself.
Significantly, the Court clarified that while the hilltop is a protected archaeological site under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the Archaeological Survey of India (ASI) is empowered to impose necessary preservation conditions. The temple is to ensure that lighting the lamp complies with these conditions and maintains harmony among communities.
The Court also addressed procedural issues, observing that the temple’s Board of Trustees holds the authority to regulate customs and that alternative statutory remedies under the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959, though available, had proven ineffective in resolving the dispute. Therefore, judicial intervention under Article 226 was justified to protect fundamental rights.
The final directions mandated the temple management to light the Karthigai Deepam at the Deepathoon from this year onwards, in addition to the usual place near Uchipillaiyar Temple. A limited number of temple representatives may ascend the hilltop to perform the ritual without public accompaniment to avoid crowding. The District Collector is assigned overall supervision, while the Police and ASI are tasked with ensuring compliance with safety and preservation measures.
This judgment resolves a long-standing conflict marked by multiple litigations, including writ petitions in 1994 and 2014, and a recent split verdict in 2025, by affirming devotees’ religious rights and restoring an ancient custom while balancing archaeological preservation and public order concerns.
Bottom Line:
Customary Religious Practice - The lighting of the lamp at 'Deepathoon,' a stone pillar near the hilltop, during the Tamil Karthigai month festival directed - Held, the stone pillar belongs to the Devasthanam, and the lighting of the lamp is part of the religious practice - Apprehension of disturbance to public peace by the State deemed imaginary - Directions issued for implementation with safety measures.
Statutory provision(s): Articles 19(1)(a), 25(1), 29(1) of the Constitution of India; Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (Sections 6(15), 28, 63(e)); Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Section 19); Code of Civil Procedure, Section 11 (Res judicata); Indian Evidence Act; Section 144 Cr.P.C. (now Section 163 of Bharatiya Nagarik Suraksha Sanhita, 2023)
