Madras HC permits deepam atop Thirupparankundram hill, orders CISF to give protection

Madurai: Two days after directing the Thirupparankundram temple authorities to light the Karthigai deepam at Deepathoon atop the hill, Madras high court on Thursday permitted a petitioner, Rama Ravikumar, to take 10 people with him and light the lamp at the site. The judge also directed the Central Industrial Security Force (CISF) unit at the high court to offer protection to the group.

Flaying officials for not complying with his Dec 1 order, Justice G R Swaminathan said: "The executive officer has made his position clear by his conduct. I, therefore, permit the petitioner to go up the hill and light at the Deepathoon. I am conscious that this is only a symbolic gesture. But the importance of symbolism cannot be lost sight of. The petitioner can take 10 other persons along with him, including the other petitioners. Such assistance is required to carry the articles. I direct the Commandant, CISF Unit, Madurai bench of the Madras high court to send a team of CISF personnel to offer protection to the petitioner and his associates in carrying out this court's order."

Earlier in the day, one of the petitioners, Rama Ravikumar, filed a contempt petition saying the orders were going to be breached as no arrangements had been made at the Deepathoon.

When the matter was taken up at 5pm, the state said the contempt petition was premature. The judge then passed over the matter to be taken up at 6.05pm. However, as the Deepam was lit at the usual Uchi Pillaiyar Temple at 6pm, and not at the Deepathoon, he passed the orders.

Noting that the temple had filed a ‘defective appeal’ against his orders, Justice Swaminathan said: "I am impelled to think that the filing of the appeal by the temple in a defective format is a ruse to disobey the order of this court."

By remaining inactive, the authorities are defying the order of this court, he said, adding: "The fundamental rights of the writ petitioner are involved. Rule of law is at stake. The state administration has decided to cock a snook at this court's order. Merely admitting the contempt petition and issuing statutory notice will not serve the purpose. I had not ordered the execution of anybody. I had not ordered demolition of any building. No irreversible consequence will ensue if the order of this court is obeyed. On the other hand, defying the order of this court would send a very bad signal. It would encourage the officials to indulge in such conduct in future also. That would sound the death knell of democracy itself."

"I had passed the order sitting in the single bench. So long as my order is not stayed or set aside by the division bench of this court or by the Supreme Court, it has to be complied with in letter and spirit. The Executive cannot remain in hibernation. The state has not filed any appeal. The dargha which can be said to be the aggrieved person in the legal sense of the term has not obtained stay of this court's order. The temple management after filing the papers had taken them back," Justice Swaminathan observed.