Imaginary Law & Order Fear”: Madras High Court Upholds Order for Lighting Lamp on Thiruparankundram Hill

Madurai | Legal Affairs

The Madras High Court has firmly rejected the State’s claim that lighting a traditional lamp on Thiruparankundram Hill would create law and order problems, observing that such apprehensions were merely an “imaginary fear” and could not be used to obstruct compliance with judicial orders.

A Division Bench of the High Court upheld an earlier direction permitting the lighting of Karthigai Deepam at the ancient stone lamp pillar (Deepathoon) located on the hill. The Court made it clear that speculative concerns about public disorder cannot override lawful religious practices, especially when no concrete material is placed before the Court to demonstrate an actual threat.

The Bench noted that maintaining law and order is the responsibility of the administration, and it cannot be cited as a justification to deny the implementation of a court’s decision. The judges emphasised that fear based on assumptions, rather than facts, has no place in constitutional governance.

Addressing objections relating to religious customs, the Court observed that no convincing material was produced to show that lighting the lamp at the Deepathoon was prohibited by any established religious doctrine or practice. In the absence of such proof, administrative resistance to the ritual was held to be unjustified.

The High Court further clarified that earlier litigations on related issues did not prevent the Court from examining the present dispute, as the specific question involved had not been conclusively decided before.

While affirming the right to perform the ritual, the Court also indicated that reasonable regulatory measures may be adopted to ensure safety and order, provided they do not defeat the essence of the judicial order.
The ruling reinforces the principle that courts cannot permit administrative authorities to create artificial law and order narratives to stall lawful activities, particularly when fundamental rights and long-standing practices are involved.