Article: Judicial Determination of the Status of the Deepathoon and the Absence of Muslim Community Claims

Article: Judicial Determination of the Status of the Deepathoon and the Absence of Muslim Community Claims

The dispute surrounding the Deepathoon (traditional lamp pillar) near the Dargah at Thirupparankundram once again came before the Hon’ble High Court in W.P. No.32317 of 2025. The Court was required to determine (i) whether the Deepathoon is part of the Dargah premises, (ii) whether the Dargah or the Muslim community has any right over it, and (iii) whether the Temple is entitled to light the Karthigai Deepam at the spot.

After a detailed analysis of historical records, administrative minutes, the Privy Council judgment, and the conduct of the parties, the Court provided a clear and authoritative answer.

Deepathoon Not Within the Dargah Premises

The Court held that the Deepathoon is not located inside the Dargah premises. It stands separately on the lower portion of the hill and is not structurally or ritually connected to the Dargah. No evidence was shown to establish any religious or possessory link between the two.

Privy Council Judgment: Temple’s Rights Over the Unoccupied Hill Areas

A decisive legal foundation relied upon by the Court was the historic Privy Council judgment in O.S. No.4 of 1920, which determined ownership of the Thirupparankundram Hill.

As the order records:

“The construction of the mosque was an infliction which the Hindus might well have been forced to put up with. But this was no evidence that the remainder of the hill was expropriated from the Hindus… The unoccupied portion of the hill has been in the possession of the temple from time immemorial and treated by the temple authorities as their property.”

Thus, only the peak on which the mosque stands belongs to the Dargah; all unoccupied areas, including the lower peak where the Deepathoon stands, belong exclusively to the temple. This ruling remains binding and decisive.

Muslim Community Has Never Claimed Rights Over the Deepathoon

The Court noted that the Muslim community has never claimed any right, usage, ritual connection, or ownership over the Deepathoon. This further confirmed that the Deepathoon is entirely outside the sphere of Dargah authority.

2005 Peace Committee Resolution: Dargah’s Signed Consent

A key historical document was the Peace Committee Resolution dated 01.12.2005, held in the office of the RDO.

In this meeting:

The Dargah management signed the minutes,

They expressed no objection to lighting the lamp at the Deepathoon,

And they clarified that the lamp may be lit at any place beyond 15 metres from the Dargah.

Although not enforceable as law, the Court held that it reflected the true and voluntary stand of the Dargah at that time. The Court also noted that earlier settlements in 1994 and the order dated 21.11.1996 referred to similar understandings.

The Court concluded that subsequent objections appear to arise from vested interests, and not from any genuine or historic religious concern.

⭐ Court’s Observation (Paras 40 & 41) Inserted
Historic Resolutions Reveal Absence of Genuine Objection

The Court expressly stated:

The 01.12.2005 Peace Committee resolution shows the Dargah had no objection to the lighting of the lamp beyond 15 metres.

This mirrors earlier understandings of 04.11.1994.

While these may not be enforceable orders, they reveal that opposition now appears motivated by vested interests, not by religious rights.

Balance of Convenience Clearly Favors the Temple

In a crucial conclusion, the Court held:

Lighting the lamp at the Deepathoon does not affect the rights of the Dargah or the Muslim community in any way.

The Dargah management has not demonstrated how it would be affected if the lamp is lit at that spot.

It is not even their case that the Deepathoon is within the Dargah campus.

Conversely, if the lamp is not lit, the established rights and rituals of the Temple may be jeopardised.

Thus, the Court found that continuity of rituals, historical usage, and legal ownership overwhelmingly favor the Temple.

Final Judicial Conclusion

Synthesizing the Privy Council ruling, historical resolutions, lack of Muslim claims, and the balance of convenience, the Court held:

The Deepathoon is not part of the Dargah.

The Muslim community has no right over the Deepathoon.

The Temple alone is entitled to perform the lighting of the Karthigai Deepam at that spot.

Oppositions are not rooted in law or history, but appear instigated by vested interests.

This judgment reaffirms a century-old legal position and restores clarity, ensuring respect for established religious practices and peaceful coexistence. Mhc advocate