Madras HC bench gives nod for holding hunger strike in Tiruparankundram

MADURAI: The Madurai bench of Madras High Court on Thursday gave its nod for organising a hunger strike in a plea seeking public involvement at Tiruparankundram in Madurai on December 13.

The petition filed by R Prabhu from Tiruparankundram came up for hearing before Justice S Srimathy, and it stated that Karthigai Deepam is one of the important festivals of the Tiruparankundram temple.

The lighting of Deepam at the Deepathoon is one of the traditional customs of every Hindu. This was the practice till the year 1926, and the same was discontinued due to civil suits then. The subsequent orders issued by the principal seat of this court were also not respected by the HR&CE officials.

Earlier, several writ petitions seeking permission for lighting Deepam at Deepathoon were allowed by the High Court through an order dated December 1, 2025. In the said order, this court very clearly directed the HR&CE department to make arrangements for lighting the Karthigai Deepam at the Deepathoon on December 3 at 6 pm.

Since the officials did not comply with the orders, the local Tiruparankundram people decided to participate in the one-day fasting, and to get permission a joint application was submitted to the Assistant Commissioner of Police on December 6.

However, the Assistant Commissioner passed an order on December 8 by rejecting the claim by stating that there was a prohibition order under sections 41 and 41A of the Tamil Nadu City Police Act, 1888, which is unconstitutional and the same is a violation of the fundamental right guaranteed under the Constitution of India. The rejection by the Assistant Commissioner is non-est in the eye of the law.

The rejection order violates Article 21 of the Constitution of India. The Assistant Commissioner, being the custodian of the safety of the general public, cannot prevent the general public from utilising the constitutional right accorded to them under the Constitution.

Citing these, the petitioner sought direction from the Court to direct the respondents to accord permission for the peaceful fasting to be undertaken by the public on December 13 for lighting the Deepam at the lower peak of the hillock (Deepathoon) at Tiruparankundram from 9 am to 5 pm.

Justice Srimathy, after hearing, granted permission for peaceful fasting by the participants.