No evidence that stone pillar is a deepathoon: TN govt to Madras high court

MADURAI: The Tamil Nadu govt on Friday told Madras high court that there is no evidence to show that the stone pillar atop Thiruparankundram hill in Madurai district is a ‘deepathoon’ (stone lamp pillar).

The private individual who moved court seeking to light the ‘deepam’ (sacred fire) at the ‘deepathoon’ must first establish its existence and then establish the need to light the ‘deepam’ there as a part of customary right, advocate-general P S Raman said.

‘Karthigai deepam’ was lit at the Uchipillaiyar temple atop Thiruparankundram hill this year as it was done for the past 100 years, the AG submitted before a division bench of the court that was hearing appeals against Justice G R Swaminathan’s order to light ‘Karthigai deepam’ at the ‘deepathoon’.

The AG submitted that even in the civil suit filed in 1920, in which orders were passed demarcating the portions belonging to the temple and the dargah, there was no mention of the ‘deepathoon’.

When a public interest litigation was filed before HC in 1994 regarding the lighting of the ‘deepam’ at Thiruparankundram, the court in 1996 had refused to permit it in any place other than the traditional site near the Uchipillaiyar temple, the AG submitted to a division bench of Justice G Jayachandran and Justice K K Ramakrishnan, which was hearing a batch of appeals challenging Justice Swaminathan’s order directing the Subramaniya Swamy temple management to also light ‘Karthigai deepam’ at the ‘deepathoon’ (stone pillar) atop Thiruparankundram hill, apart from the other usual places. Separate appeals were filed by Madurai collector, Madurai commissioner of police, HR and CE department commissioner and Sikandar Badusha Dargah.

The AG submitted that after peace prevailed for 18 years, a petition was filed in 2014 before HC to change the location for lighting the ‘deepam’; however, the same was turned down by the court. A division bench had upheld the 2014 order and refused to shift the place fearing that it would affect peace if the ‘deepam’ was lit near a dargah. Stating that the right to worship should yield to public order, the AG submitted that the single judge too should have leaned in favour of the status quo to maintain peace and tranquillity.

Referring to the order passed by the single judge on Dec 1, the AG submitted that the structure was undoubtedly a stone pillar, but questioned whether it was a lamp pillar. No evidence has been placed before the single judge to conclude that it was a ‘deepathoon’. The only evidence available is the opinion of priests who said that as per agamas, ‘deepam’ should be lit at Uchipillaiyar temple. That's the only expert opinion available. There is no proof to show that the tradition has been abandoned by the temple authorities, the AG submitted.

AG further submitted that under the Article 226 (writ jurisdiction of high courts) of the Constitution, the courts’ powers are extraordinary. The more extraordinary the power, the greater the restraint required. The court must take into consideration the ground realities before exercising such powers. In the absence of any evidence to show that the stone pillar is a ‘deepathoon’, the petitioner does not have any legal right to move the court seeking to light the ‘deepam’ at the pillar. The petitioner can file a civil suit to establish whether the structure is a ‘deepathoon’ and whether ‘deepam’ was lit there or not. These issues cannot be decided by the court under Article 226, argued the AG.

Senior counsel appearing for the executive officer of the Subramaniya Swamy temple submitted that there is no evidence to show that ‘Karthigai deepam’ was traditionally lit on the ‘deepathoon’. Such matters pertaining to the lighting of ‘deepam’ should be left to the HR and CE department authorities who are experts in the matters.

Senior counsel for the HR and CE commissioner submitted that there are records to show that ‘Karthigai deepam’ has been lit at the Uchipillaiyar temple. When the petitioner claims that the lighting of the ‘deepam’ at the ‘deepathoon’ is a customary practice, the same should be established. The hearing in the case was adjourned to Dec 15.



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