Tamil Nadu's HR&CE department has filed a reply in the Supreme Court amid the controversy over the location of lighting of Karthigai Deepam on Tiruparankundram hill. The department opposed the petition of Hindu Dharma Parishad saying that the petition is not legally maintainable and should be dismissed.
Tezzbuzz Desk – There is a controversy going on regarding the place of lighting Karthigai Deepam in the famous Arulmigu Subramaniam Swamy temple located in Tiruparankundram, Tamil Nadu. In this matter, Commissioner of Hindu Religious and Charitable Endowment i.e. HR&CE Department, Dr. T.G. Vinay has filed a reply in the Supreme Court. The department has opposed the petition of Hindu Dharma Parishad and demanded its dismissal.
Cited 150 year old tradition
The HR&CE department in its reply has said that the Karthigai Deepam has been lit in the Deep Mandapam of the Uchipillaiyar temple area located above the temple complex for the last 150 years. According to the department, this tradition is followed as per the Agama Shastras and the opinion of the temple inmates i.e. traditional religious authorities.
The department has denied any established ancient tradition of lighting lamps at the so-called Deepthoon situated on the hill top.
In the affidavit, the HR&CE department has cited a civil court judgment of 1923 and the restoration of that judgment by the Privy Council in 1931. According to the department, in these decisions, the ownership of most of the hill was given to the temple, while the mosque and some limited areas associated with it were kept under the authority of the Muslim side.
Reference to High Court order of 1996
The department said the Madras High Court had directed in 1996 that the Deepam would normally be lit by the temple administration in the traditional Deep Mandapam. Lighting the lamp at any other place will require the decision of the temple administration and prior permission of HR&CE officials.
According to the department, such a place should be at least 15 meters away from the dargah, stairs and Nellithope area.
The HR&CE department has also opposed the demand to hand over the administration of the entire temple and hill to the Archaeological Survey of India (ASI). The department said that in government notifications of 1908 and 1909, only limited archaeological parts of the hill, such as rock-cut caves and inscriptions, were declared protected.
The department says the entire hill was not declared a protected monument. Therefore, there is no legal basis for the demand to hand over the administration of the entire temple and hill to ASI.
Questions raised on petition under Article 32
The HR&CE department has also questioned the legal validity of Hindu Dharma Parishad's petition. The department said that under Article 32 of the Constitution, a petition can be filed in the Supreme Court only when any fundamental right has been violated.
According to the department, the council has not proved any fundamental or legal right on the basis of which the court can direct the temple administration to light the lamp at the place of its choice.
The HR&CE department said that the demand to light lamps around the Dargah located on the hill and to illuminate the entire hilly area is likely to affect peace and order in the already sensitive area. The department said that maintaining law and order is the responsibility of the state government and the police, not the ASI.
The department also informed that hearings had been held in the Madras High Court in the years 2014 and 2017 regarding the place for lighting the lamp. In these cases the demand to light a lamp on the hill top was not accepted.
Now the HR&CE department has requested the Supreme Court to dismiss the petition of Hindu Dharma Parishad at the preliminary stage itself and impose costs on the petitioner.