The Tamil Nadu government has approached the Supreme Court, challenging a Madras High Court judgment that permitted the lighting of the Karthigai Deepam at the Deepa Thoon, a stone lamp pillar situated atop the Thiruparankundram Hill in Madurai district near a dargah.
The Special Leave Petition (SLP) was filed on June 11 after the new Tamilaga Vettri Kazhagam (TVK) government led by Chief Minister C Joseph Vijay assumed office. The challenge is directed against a January 6, 2026 judgment of the Madurai Bench of the Madras High Court, which upheld an earlier order passed by Justice GR Swaminathan permitting devotees to light the ceremonial lamp at the site.
The litigation originated from writ petitions filed by devotees seeking recognition of their right to perform the ritual at the Deepa Thoon, located approximately 50 metres from the hilltop dargah.
The State Hindu Religious and Charitable Endowments (HR&CE) Department, which administers the Arulmigu Subramaniya Swamy Temple situated at the foothill, had opposed the plea. The department contended that there was no established religious custom of lighting the lamp at the Deepa Thoon and maintained that the ritual had traditionally been conducted at a different location.
Justice Swaminathan, however, held that permitting devotees to light the lamp would not adversely affect the rights of the dargah or its worshippers. The Court concluded that preventing the ritual would interfere with the rights and religious practices of devotees. The judge also rejected concerns raised by the State regarding possible law-and-order issues, observing that the apprehensions were unsupported by material evidence.
Subsequently, allegations of non-compliance with the judicial directions led to contempt proceedings. During those proceedings, Justice Swaminathan directed that the ritual be carried out with protection provided by the Central Industrial Security Force (CISF). The State challenged those directions as well.
A Division Bench later affirmed both the original order and the subsequent directions issued in the contempt proceedings. The appellate court held that the lighting of the Karthigai Deepam would not create any law-and-order problem and observed that the temple administration had a duty to preserve and protect long-standing traditions. The Bench also rejected the State’s contention that the Deepa Thoon was merely a survey stone erected during the British era.
The dispute has continued before the High Court through appeals arising out of the contempt proceedings. During a recent hearing, a Division Bench comprising Justice N. Sathish Kumar and Justice M. Jothiraman questioned the necessity of prolonging the litigation when an earlier Division Bench had already upheld the devotees’ right to perform the ritual. The Bench suggested that all stakeholders explore mediation and arrive at an amicable resolution keeping in view the interests of local residents and communal harmony.
During those proceedings, the State informed the High Court that implementation of the directions could not be immediately undertaken in view of the pending appeals before the Supreme Court. The government also submitted that a policy decision was required regarding continuation of a practice that was claimed to have existed for more than a century.
The High Court was further informed that separate proceedings are pending before the Supreme Court. Certain devotees have challenged portions of the Division Bench judgment relating to the role assigned to temple authorities in conducting the ritual, while the dargah authorities have also filed appeals before the apex court. Taking note of the pending proceedings, the High Court adjourned the matter to July 27 and extended the interim stay operating against various directions issued during the contempt proceedings.
The controversy traces its origin to December 2025, when the High Court first directed the temple administration to light the Karthigai Deepam at the Deepa Thoon. Subsequent orders also quashed prohibitory measures imposed under Section 144 of the Code of Criminal Procedure, with the Court observing that such restrictions had the effect of preventing implementation of a judicial order.
The post Tamil Nadu moves Supreme Court against Madras High Court order permitting Karthigai Deepam at Thiruparankundram Deepa Thoon appeared first on India Legal.