NEW DELHI: A plea has been filed in the Supreme Court challenging a Madras High Court's order which allowed the lighting of a lamp on the Thirupparankundram hill in Tamil Nadu subject to clearance from the Archaeological Survey of India (ASI) and police.
In his plea, the original petitioner, Rama Ravikumar, assailed the high court's directions as an "unlawful" dilution of binding civil court decrees recognising the Arulmigu Subramania Swamy Temple's ownership and control of the hill, and as an "impermissible judicial intrusion" into an essential religious practice.
Ravikumar contended that although the high court acknowledged the temple's right to light Deepam at the 'Deepathoon' (stone pillar), it effectively rendered that right conditional by subjecting it to administrative discretion.
He further submitted that the high court has exceeded its jurisdiction by imposing fresh substantive restrictions despite the final decree conclusively recognising the temple's proprietary rights over the hill.
He said that the practice of lighting the Deepam was the temple's internal religious matter and cannot be made subject to statutory authorities in the absence of a clear legislative mandate.
The petitioner has also alleged hostile discrimination and said that while devotees of another faith are permitted access and usage rights up to the Nellithope area, Hindu worship at the hilltop has been subjected to layered administrative controls without authority of law.
On January 23, the top court sought a response from the Centre, the Tamil Nadu government and others on a separate plea seeking directions on the ASI's takeover of the Thirupparankundram temple and daily lamp lighting on top of the 'Deepathoon'.
It has issued notice on a plea filed by an organisation called Hindu Dharma Parishad.
On January 6, a division bench of the Madras High Court made it clear that the spot on which the stone pillar is located belongs to the Sri Subramania Swamy Temple.
The appellants failed to produce "formidable evidence" to show that Agama Sastra of Saivites prohibits lighting the lamp at a place, which is not straight on top of the deity in the sanctum sanctorum, the court had observed.
In its order, the high court had said the 'Devasthanam' (temple management) must light the lamp at the 'Deepathoon'.
"In addition to the prohibitions and restrictions as found in the Ancient Monument and Archaeological Sites and Remains Acts and Rules, ASI shall impose conditions appropriate and necessary to preserve the monuments in the hill," it had said.
The high court further said that no public shall be allowed to accompany the Devasthanam team, and the number of team members is to be decided in consultation with the ASI and police.
The district collector shall coordinate and supervise the event, the high court had directed.
On December 1 last year, a single bench of the high court had allowed petitioner Rama Ravikumar to light the Karthigai Deepam on the 'Deepathoon'. The state government went on appeal, in which the division bench gave its ruling on January 6.