HC rejects appeal with 'ulterior motive' against lighting of 'Karthigai Deepam lamp' on TN hill

Madurai, Dec 4 (PTI) The Madurai Bench of the Madras High Court on Thursday dismissed an appeal against the order of a single judge allowing the lighting of "Karthigai Deepam" oil lamp at a stone pillar on the Thirupparankundram hill here.

The court held that the appeal was filed with an "ulterior motive" to preempt the contempt action.

A bench of Justices G Jayachandran and K K Ramakrishnan declined to interfere with the order of Justice G R Swaminathan allowing the lighting of the lamp on the hill housing the Lord Subramaniya Swamy temple.

The division bench said that in the single judge's order dated December 1, 2025, the responsibility to carry out the work (lighting the lamp) was entrusted to the Thirupparankundram Arulmighu Subramania Swamy temple management.

Later, having found that the management failed to discharge its responsibility, the said responsibility --lighting the lamp-- has been given to the writ petitioners (including Rama Ravikumar).

"This is neither altering the order nor modifying the order, but only changing the person who was supposed to discharge the responsibility of lighting the lamp. Therefore, we find this appeal filed with an ulterior motive to preempt contempt action is liable to be dismissed," the bench said in its order.

The HC dismissed the appeal against the order (on December 3, 2025, which, among other things, allows central police forces to assist the petitioner to light the lamp) of the single judge, in a contempt petition.

The appeal was filed by the state, the Madurai district collector, and the Commissioner of Police, Madurai city.

The government side argued that allowing protection of the central police forces was not tenable. Also, when there was time available to prefer an appeal against the order allowing lighting the lamp on the hill, contempt proceedings cannot be initiated. For over a century Karthigai Deepam lamp is only lit in the Thirupprarnkundram Uchi Pillaiyar Mandapam area and not on the stone pillar.

Additional Advocate General J Ravindran, appearing for the district collector, submitted that without affording opportunity to the parties concerned, the single judge concluded that the commission of contempt is beyond dispute.

The single judge observed that the Dargah and its representatives are alone said to be the aggrieved parties.

According to the AAG, the temple is also an aggrieved party. Thirty days time is available for the temple to prefer an appeal. While so, by entertaining the contempt petition and forcing the respondents to comply with the order, even without affording opportunity to test the veracity of the order passed in the writ petition "smogs with malafide".

The observations of the single judge that admitting the contempt petition will not serve the purpose since the order, which should have been complied with by 06.00 p.m. (on Dec 3), has not been complied, therefore, the alternative relief to permit the writ petitioner to light the Deepam at the Deepa Thoon has to be granted, is "totally perverse and beyond the scope of the contempt petition." Further, "The single judge, while considering the contempt petition, has acted as an executing judge, which is not permissible under law. Though Articles 129 and 215 of the Constitution of India empower the High Court to exercise the power of punishment in case willful disobedience is proved, the manner in which the contempt petition is entertained and the order passed is per se beyond the scope of the powers conferred on the High Court." The division bench, on the point of imposition of prohibitory orders by the authorities, said: "We failed to understand that when there is specific order by the High Court to permit the petitioner and others, 10 in numbers, to light the Deepam at the Deepa Thoon (stone pillar), how this prohibitory order can be put against them..." Also, the bench said that it was for the single judge to test whether the noncompliance of the order was wilful or not. "We cannot jump into conclusion," the bench added.

On the point of Central police forces, the court held: "The learned single judge having found that the State machinery willfully decided not to implement the direction citing pendency of the unnumbered appeal, called upon the assistance of CISF for enforcing the directions. The situation has arisen in which the state police is unable to carry the Constitution mandate. There is no illegality in taking the assistance of central force for the said purpose, if the circumstances warrant." Justice Swaminathan in his directive, meanwhile, on the matter said that December 4, happened to be "Sarvalaya Deepam Day" and "therefore, Karthigai Deepam can be lit today also." Furthermore, Justice Swaminathan said, "this order should be read alongwith the earlier orders passed by this court. Except deputing the CISF personnel and the change regarding the date, in all other respects, the directions issued yesterday hold good." On December 1, Justice Swaminathan allowed writ petitions that sought a direction for appropriate arrangements to light the Karthigai Deepam at the "Dheepathoon," which is the stone pillar.

By lighting the lamp at Deepathoon, which is meant for that purpose, the structure of the Dargah is not in any way affected and the Dargah is located at a safe distance of not less than 50 meters away from the stone pillar, the judge had said in the order. PTI VGN VGN ROH