Lighting of Karthigai Deepam at Thirupparankundram Hill
Hindu Dharma Parishad v Union of India
The Court will decide whether administrative action preventing the lighting of Karthigai Deepam violates Articles 25 and 26 of the Constitution
Pending
Parties
Petitioner: Hindu Dharma Parishad
Lawyers: Advocates C.R. Jaya Sukin, Divya Mishra, Yashika Anand, Priya Rani, Gajendiran G, Roshan Chapagain, Narender Kumar Verma
Respondents: Union of India; Director (Science); Director, Archaeological Survey of India; Superintending Archaeologist Archaeological Survey of India; State of Tamil Nadu; Commissioner; District Collector; Commissioner of Police; Joint Commissioner/ Executive Officer
Lawyers: Senior Advocate P. Valliappan, Advocate G. Balaji
Case Details
Case Number: W.P.(C) No. 001280 / 2025
Next Hearing: February 23, 2026
Last Updated: January 30, 2026
Key Issues
Whether preventing the lighting of the Karthigai Deepam at the Deepathoon violates the right to freely practise religion under Article 25?
Whether continued administrative interference with access to Thirupparankundram Hill infringes the guarantees of equality and personal liberty under Articles 14 and 21?
Whether executive action under Section 163 of the BNSS can override binding orders passed by a High Court under Article 226?
Whether disputes concerning control over the Deepathoon area raise questions regarding the constitutional limits on executive authority and the protection of rights under Article 26?
Case Description
Case Background
In November 2025, an Executive Officer had restricted the lighting of the Karthigai Deepam at Deepathoon, an ancient stone lamp post located on the Thirupparankundram Hill. The officer had cited the proximity of the Sikandar Badhusha Dargah as a reason to prevent the lighting of the lamp.
The temple administration asserted that the lighting of the Deepam was an established religious practice and the Deepathoon forms part of the Arulmigu Subramania Swamy Temple. The State of Tamil Nadu, acting through the District Collector of the Madurai district and police authorities, disputed this claim, resulting in a batch of writ petitions before the Madurai Bench of the Madras High Court.
Before the Single Judge
On 1 December 2025, a Single Bench of Justice G.R. Swaminathan directed that the Karthigai Deepam be lit at the Deepathoon atop the Thirupparankundram Hill. The Bench held that executive authorities could not, “under the guise of law and order”, obstruct religious practice in the absence of legal authority.
Despite the order, the Deepam was not lit. On the same day, the District Collector issued a prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), restricting access to the hill. The prohibitory order was set aside by Justice Swaminathan by an order dated 4 December 2025, observing that if ”officers are allowed to defy court’s orders in this fashion, it will lead to anarchy”.
Before the Division Bench
Aggrieved by the Single Judge’s order, several writ appeals were filed by the State authorities, the Hindu Religious and Charitable Endowments Department, the temple administration and other private parties.
On 6 January 2026, a Division Bench comprising Justices G. Jayachandran and K.K. Ramakrishnan upheld the Single Judge’s directions. The Bench categorically held that “the Deepathoon area that is on the lower peak of the hill belongs to the temple”. The Court rejected the contention that administrative apprehensions could override judicial orders and held that there was no justification to prevent the lighting of the Karthigai Deepam.
Contempt proceedings
Following the continued non-implementation of the orders dated 1 December 2025 and 6 January 2026, contempt petitions were filed before the High Court.
On 9 January 2026, Justice G.R. Swaminathan recorded that the District Collector, the Commissioner of Police and the Executive Officer of the Arulmigu Subramania Swamy Temple had failed to comply with binding judicial directions. The Court observed that the prohibitory order under Section 163 of BNSS had been passed “to frustrate the judicial order” and that the Deputy Commissioner of Police had obstructed implementation even after the prohibitory order was quashed. The Court observed that unless proper cause was shown, charges would be framed against the contemnors.
Parallel proceedings before the High Court
Parallel proceedings also arose concerning the regulation of religious festivals on the Thirupparankundram Hill, in which the petitioner sought a direction to prohibit the conduct of Kandhoori on the hill.
By an interim order dated 2 January, Justice S. Srimathy directed that only the Santhanakoodu Urus festival be conducted, restricted participation to 50 persons and restrained animal sacrifice and the cooking or carrying of non-vegetarian food.
Proceedings before the Supreme Court
The Hindu Dharma Parishad filed a writ petition before the Supreme Court in December 2025.
The petition states that lighting the Karthigai Deepam is a long-standing religious practice and that the district administration and police authorities prevented the lighting of the Deepam by restricting access to the hill.
The petition further alleges that the administration permitted the conduct of Kandhoori and Santhanakoodu Urus associated with the Dargah located on the hill. It states that animal sacrifice, cooking, and carrying of non-vegetarian food were allowed on the hill during such events. The petition asserts that while these activities were permitted, devotees were prevented from accessing the hill to light the Karthigai Deepam.
The petitioner sought a writ of mandamus directing the Union of India, the Archaeological Survey of India and the State of Tamil Nadu to take over and control the Arulmigu Subramania Swamy Temple. It also seeks directions to permanently light the Deepathoon for 24 hours a day and to ensure that the entire Thirupparankundram Hill is lit with lamps every year on the day of Karthigai.
The petition invokes Articles 14, 21, 25 and 26. It states that Thirupparankundram Hill has been declared a monument of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
On 23 January, the Court issued notice to the respondents.
