No Proof Of Burning Lamp On Top Of Hill, Tamil Nadu Tells Court

The Tamil Nadu advocate general has asked petitioners to prove that the 'deepathoon' on top of Thiruparukundram hill is a genuine practice. The top lawyer said that for centuries it has been a practice of lighting Karthigai Deepam only near Uchipillayar temple.

A division bench today heard a large batch of petitions connected to the Thiruparukundram Karthigai Deepam issue. 

The Tamil Nadu government challenged the December 1 single-bench order that allowed the temple administration to light the Karthigai Deepam at the hilltop location.

Arguing for the state, the advocate general said that for the past 100 years, the deepam has always been lit near the Uchipillaiyar temple on the hill. He pointed out that this was not a public interest litigation, but a private interest petition, and insisted that the petitioner must first prove the existence of the so-called deepathoon, and that it has any connection to customary practice.

The state cited several judgments from 1923 to 2018 to say that the courts have consistently held that only the temple administration has the authority to decide where the deepam should be lit. He said Article 226 cannot be used to change long-established customs.

Likewise, senior lawyer for the temple's executive officer said there is no evidence that the deepam was ever lit at the alleged deepathoon, calling it merely a survey pillar. The HR&CE Commissioner's counsel added that 150 years of temple records show the deepam has always been lit only at Uchipillaiyar temple.

With arguments from all sides now complete, the division bench with few observations has adjourned the matter to Monday, when the petitioner will start the submissions. A group of Thiruparukundram residents will hold a fast tomorrow in support of lighting the Karthigai Deepam on top of the hill.