Madurai, Jan 

The Madras High Court's Madurai Bench on Tuesday upheld a single judge's order allowing the lighting of a lamp on the Thirupparankundram hill here.

It slammed the DMK government, saying it should not "stoop to that level" to achieve its "political agenda".

A Division Bench of Justices G Jayachandran and KK Ramakrishnan delivered the judgment, making it clear that the spot on which the stone pillar (Deepathoon) is located belongs to the Sri Subramania Swamy Temple.

The Tamil Nadu government indicated moving the Supreme Court in appeal against the order.

The appellants failed to produce "formidable evidence" to show that Agama Sastra of Saivites prohibits lighting a lamp at a place which is not straight on top of the deity in the sanctum sanctorum, the court observed.

"... nor is it the case of the Devasthanam (management) or the Government that lighting a deepam is not a custom prevailing in Thirupankundram Hill."

"It is ridiculous and hard to believe the fear of the mighty State that by allowing representatives of the Devasthanam to light the lamp at the stone pillar near the top of the hill located within its territory of Devasthanam land, on a particular day in a year, will cause disturbance to public peace. Of course, it may happen only if such a disturbance is sponsored by the State itself. We pray no State should stoop to that level to achieve their political agenda," the bench said.

Tamil Nadu Minister for Natural Resources, S Regupathy, faulted the judgment and said the government has the right to prefer an appeal in the Supreme Court.

"No evidence was provided to prove that Deepam was lit on the deepathoon....why a new practice should be introduced," the former Law minister asked.

In its order, the HC bench said the Devasthanam 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."

The Devasthanam, through its team, has to light the lamp in the Deepathoon on the occasion of Karthigai Deepam festival falling in the Tamil month, Karthigai (November-December). 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 court ruled.

The petitioner, Rama Ravikumar, welcomed the judgment and described it as a victory for the devotees of Lord Muruga. The BJP hailed the judgment and said it was a slap on the face of the DMK regime.