Probability Of Disturbance To Public Peace Is An Imaginary Ghost Created To Put One Community Against Another: Madras HC In Thirupparankundram Hill Case

While upholding the Karthigai Deepam ritual at Thirupparankundram Hill, the Madras High Court remarked that the District Administration’s security concerns were an "imaginary ghost" created by them for their convenience sake and to put one community against the other community under suspicion and constant mistrust.

The Court expressed that the District Administration should have utilized this situation as an opportunity to foster unity through meaningful negotiation rather than allowing past peace meetings to deepen communal mistrust. 

The Division Bench of Justice G Jayachandran and Justice KK Ramakrishnan observed, "We find that the apprehension expressed by the District Administration regarding probability of disturbance to the public peace is nothing but an imaginary ghost created by them for their convenience sake and to put one community against other community under suspicion and constant mistrust. By allowing few persons from Devasthanam to the pillar for lighting the lamp and keep the devotees stay at the foothill and worship is not an un-manageable task. Projecting as if such congregation will cause disturbance to peace, stampede, disharmony among community etc., is either exposure of their incapacity to maintain law and order or hesitant to bring harmony among the communities."

Senior Advocate N Jothi appeared on behalf of the Appellants, whereas Senior Advocates P. Valliappan, R. Shunmugasundaram, T. Mohan, C. Arul Vadivel, and Addl. Advocate Generals Veera Kathiravan, J. Ravindaran appeared for the Respondents.

The Bench said, "In our considered view the State through the District Administration should have taken this as an opportunity to bridge the difference between these two communities. They could have narrowed down the gap by peaceful and  meaningful negotiation. Unfortunately, due to lack of conviction, all these years the peace meetings have paved way only for widening the mistrust. We hope, by implementing the below directions, which can be suitably modified whenever festival of respective community falls, then there will be only light and not any fight."

The Court also observed that it is ridiculous to believe that a once-a-year religious ceremony conducted by temple representatives on their own land would threaten public peace unless such a disturbance was "sponsored by the State itself" to further a political agenda.

The Court disposed of the appeals by directing the Devasthanam team to light the lamp at the Deepathoon during the Karthigaideepam festival under the coordination of the District Collector, while mandating that the Archaeological Survey of India (ASI) impose preservation conditions and the police restrict public access to the site to ensure both monumental safety and public order.

The Court was hearing the challenge to the judgment of the High Court Bench of a single judge, which directed the Executive Officer of the Thiruparangundram Devasthanam to lit lamp at the stone lamp pillar in the hill on the full moon evening of the Tamil Karthigai month. The State, represented by the District Collector and Superintendent of Police, apprehended that the implementation of this order would create disturbance to the public peace. The Hindu Religious and Charitable Department ('HR & CE Department') said that the order is against ‘Agama Shastra’, and some of the adversaries said that it is a new custom invented by the Court.

The Court concluded that the appellants failed to produce formidable evidence to show that Agama Sastra of Saivites prohibits lighting a lamp at a place which is not straight on top of the deity in the Sanctum sanctorum; nor is the case of the Devasthanam or the Government that lighting deepam is not a custom prevailing in Thirupankundram Hill.

The Court gave the following directions: 1) The Devastham must light the lamp at the Deepathoon. In addition to the prohibitions and restrictions as found in the Ancient Monument and Archaeological Sites and Remains Acts and Rules, ASI shall impose conditions appropriate and necessary to preserve the monuments in the hill; 2) The Devasthanam, through its team, has to light the lamp in the Deepathoon on the occasion of the Karthigaideepam festival falling in the Tamil month of Karthigai. No public shall be allowed to accompany the Devasthanam team, and the number of team members shall be decided in consultation with the ASI and Police. The District Collector shall coordinate and supervise the event, the Court directed.

Accordingly, the Court disposed of the appeals.

Cause Title: The Executive Officer Arulmigu Subramanian Swamy Temple, Thirupparankundram, Madurai v. Rama.Ravikumar and Ors. [W.A(MD) Nos.3188, 3189, 3204, 3211, 3212, 3213, 3217, 3218, 3219, 3220, 3221, 3222, 3223, 3225, 3226, 3227, 3229, 3230, 3231, 3232 of 2025]

Appearances:

Appellants: Senior Advocate N Jothi and Advocate V. Chandrasekar

Respondents: Senior Advocates P. Valliappan, R. Shunmugasundaram, T. Mohan, C. Arul Vadivel, Addl. Advocate Generals Veera Kathiravan, J. Ravindaran, GP Thilakkumar, Addl. PP S.Ravi, Advocates R M. Arun Swaminathan, NRR. Arun Natarajan, A. Sheikh Nasurdeen, G. Prabhu Rajadurai, Abdul Mubeen, D.S. Haroon Rasheed, Niranjan S. Kumar, A.K. Amaravel Pandiyan and S. Vanchinathan.

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