6 months ago
2
Justice G.R. Swaminathan of the Madurai Bench of the Madras High Court has directed the absorption of the Subramaniya Swamy Temple, Tirupparankundram, to airy the Karthigai Deepam at the Deepathoon, too astatine the accustomed places.
He was proceeding petitions for a absorption to the temple absorption to airy the Karthigai Deepam on the Deepathoon (Stone lamp-pillar) located astatine 1 of the peaks of the Tirupparankundram hill.
Impleading petitions were filed, immoderate supporting the assertion that the festival lamp indispensable beryllium lit astatine the Deepathoon and others contending that the lamp should beryllium lit lone adjacent the Uchi Pillaiyar Temple. A petition was besides filed against the lighting of the lamp astatine the hilltop. Justice Swaminathan observed that the Deepathoon is not astatine the hilltop. There are 2 peaks. The mosque is astatine the highest peak. The Deepathoon is astatine the little peak. In the Original Suit of 1920, the proceedings justice recognised that portion the mosque is astatine the highest peak, Hindu God Subramaniya is astatine the basal of the little peak. Deepathoon is not an occupied information of Muslims. The Privy Council had held that the unoccupied information of the elevation belonged to the Hindus, helium said.
The Deepathoon is located astatine a little highest astatine a region of not little than 50 metres from the mosque. The Deepathoon, which is successful the unoccupied portion, belongs exclusively to the temple, the justice held.
“The Dargah is astatine an elevated altitude, compared with the Nellithope area. The judgments talk of the formation of steps from Nellithope, which means that the bound of Nellithope stops with the formation of steps. As 1 ascends the steps, determination is simply a divergence. The spot is much similar a fork. The steps pb to the Dargah on 1 side. The Deepathoon is connected the different side. One has to ascent the rocks to scope the Deepathoon,” helium added.
The justice said that successful the Madras High Court, determination is simply a signifier of closing the 4 outer gates for 24 hours erstwhile a year. Members of the nationalist are informed that nary 1 volition beryllium allowed to enter. This is to forestall easement claims by members of the public. “The lawsuit connected manus is thing similar. The 1923 judgement has clarified who owns what. But that did not deter the mosque trustees from disturbing the presumption quo,” helium said.
“It is truthful indispensable that the temple absorption remains vigilant to foil immoderate effort to encroach connected its property. This tin beryllium done lone by regular and periodic assertion of title. It is not a substance of spiritual contented alone. At slightest for the involvement of protecting its property, the temple absorption is obliged to airy the festival lamp astatine the Deepathoon.”
Deepathoon is located 50 metres from the dargah. It does not autumn wrong the prohibited region from the formation of steps oregon the Nellithope area. Apart from these three, nary different spot belongs to the Muslims, Justice Swaminathan held.
The Devasthanam has the work to support traditions. If traditions person been abandoned, the temple absorption has to reconstruct them truthful agelong arsenic law morality is not breached, helium added.
According to Justice Swaminathan, lighting a lamp is simply a ineffable act. “It cannot offend anybody’s sensibilities. By lighting the lamp astatine Deepathoon, the rights of the Dargha or the Muslims volition not successful immoderate mode beryllium affected. The Dargah management has not demonstrated arsenic to however they volition beryllium affected if the lamp is lit astatine the Deepathoon. It is not their lawsuit that Deepathoon is wrong the Dargha campus. On the different hand, if the lamp is not lit astatine Deepathoon, determination is ever a anticipation that the rights of the temple whitethorn beryllium jeopardised,” helium wrote.
Karthigai is besides a festival of light. Lamps are lit each implicit the location and not successful the pooja country alone. The Karthigai Deepam should beryllium lit from this twelvemonth onwards astatine Deepathoon also. It is the work of the jurisdictional constabulary to guarantee that the absorption of the tribunal is complied with. The Commissioner of Police, Madurai City, should spot to it that nary 1 comes successful the mode of enforcement of the order, the justice said.
