The court affirmed the right to light Karthigai Deepam at Deepathoon, emphasizing communal harmony and overriding state concerns over public order, based on established customary practices.

JUDGMENT :

G. JAYACHANDRAN,K.K. RAMAKRISHNAN, JJ.

Introduction:

“God said Let there be light and there was light”

It is the famous biblical phrase from Genesis 1:3 where God speaks light into existence, symbolizing creation, hope, and divine power.

2.The controversy under consideration is the judgement of the High Court Bench of 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 apprehends that the implementation of this order will create disturbance to the public peace. The Hindu Religious and Charitable Department (hereinafter referred to as 'HR & CE Department') says, the order is against ‘Agama Shastra’ and some of the adversaries say, it is a new custom invented by the Court.

3.A dispute, which could have been resolved amicably through dialogues, unfortunately had been escalated by some disgruntled elements. Attempts to demoralize and demean the judiciary with the might of power, had also surfaced. We are thankful to the Learned Senior Counsel Mr. T.Mohan appearing for one of the Appellants for his appropriate reminder to this Court ‘Fiat justitia ruat caelum’ – (Let Justice be done though the heavens fall).

4.We must here also place on record that at the time of hearing the appeals, we thought that it is not late to explore the possibility of amicable settlement through Mediation. However, as the arguments proceeded, slowly we realized the inter-loppers, fence sitters and onlookers outside the ring are waiting to play the spoil game, since they gain as long as the animosity among the two communities continues.

5. The appeals are in short, directed against the right of the worshippers recognized in the batch of Writ Petitions. The Learned Single Judge viewed that by directing the Executive Officer to light the lamp on the Karthigai Deepam Day at the lamp pillar made of stone (‘Deepathoon’ in Tamil), it is a restoration of the religious custom and practice. The said pillar is located on a flat surface of a rock, a little below the highest Peak of the Hill, where the Dharga of Suji Saint is located. Thus the location is the real epicenter of the controversy. In his Judgement, the Learned Judge had also observed that by revival and retrieval of the practice would well assert the property right of the Devasthanam.

6.The State through its District Administration, HR & CE Department through its Commissioner, Joint Commissioner and Executive Officer, and the representatives of other religious group say, ‘No’. There is no such established custom to light the lamp in that particular place of the hill. Any direction by the Court to light the lamp at the stone pillar found near the Dharga, will set a new custom and also cause disturbance to the public peace. The impugned judgement tends to create disharmony. If really there is any dispute regarding the title or possession for assertion of those rights, parties should have been relegated to Civil Court or any other remedy available in the Law. The Writ Court ought not to have decided the title and possession. The Writ Court has exceeded its power by directing the Devasthanam, as he opined ‘what ought to be done’.

Terrain of the Thiruparankundam Hill:

7.The hill called ‘Parankundram’ in ancient Tamil literatures is a hill about 1050 feet height.