Thirupparankundram row: Madras HC to hear appeals against Single Bench order on December 12

The Madurai Bench of the Madras High Court on Friday posted the appeals filed by the Madurai Collector and the Executive Officer of the Subramaniya Swamy temple in Thirupparankundram, preferred against the Single Bench order that had directed the temple management to light Karthigai Deepam at the deepathoon (pillar) besides the usual places, for hearing to December 12.

A Division Bench of Justices G. Jayachandran and K.K. Ramakrishnan said the parties concerned could file their appeals in the case by then.

In their appeal, the appellants said the Single Bench had failed to appreciate that for more than 150 years, the Mahadeepam had been lit only at the Uchipillaiyar temple mandapam area and never at the deepathoon. No temple record, register, inscription, Hindu Religious and Charitable Endowments Department file, or Agama reference supports the petitioner’s claim of a traditional deepathoon site.

The appellants said the Section 63(e) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, specifically empowered the Joint Commissioner to decide questions relating to rituals, customs, and usages. The question of locating the Mahadeepam was directly a matter of custom and usage, they added.

The Single Bench did not appreciate the material placed on record showing that the hilltop was a sensitive zone. “The so-called deepathoon is situated in an extremely sensitive zone, being in close proximity to the dargah located on the hill. The area has historically required special police deployment due to religious sensitivity. The police have recorded prior disturbances when individuals attempted to insist on lighting deepam there. The location is unsuitable for crowd movement and fire safety. Judicial directions compelling use of a disputed location expose the administration to grave risks,” the appellants added.

Meanwhile, Justice G.R. Swaminathan of the Madurai Bench of the Madras High Court took cognisance of the fact that the State as well as the temple management had filed appeals before the Division Bench of the High Court and also that the State had filed a Special Leave Petition before the Supreme Court challenging the Division Bench order dismissing the Letters Patent Appeal.

Since the Supreme Court as well as the Division Bench of the High Court are presently seized of the matter, the judge adjourned the contempt petition to December 9. The judge also directed the Deputy Solicitor General to obtain a report from the Central Industrial Security Force (CISF) Commandant, who accompanied the petitioners for enforcing the order passed by the court, on December 3, and submit the same before the court.