ASI withdraws cooking ban for Thiruparankundram hill festival; Madras HC directs police to ensure peaceful celebrations

The petitions concerned the Malai Mel Kumarar festival at Thiruparankundram, scheduled for 9 October 2026.

The petitioners stated that the villagers traditionally carried the Vel to the hilltop for Abhishekam and prepared and distributed Kathambam Satham there.

In one petition, Pandiarajan challenged the Archaeological Survey of India (ASI) Superintending Archaeologist’s order of 8 October 2026 imposing festival conditions, including a prohibition on cooking or other fire-related activity on the hill.

In the other, M. Prabhu sought a direction permitting villagers to participate in cooking the prasadam.

The petitioners relied on a communication stating that customary and traditional practices were to continue on a status quo basis while related proceedings were pending.

During the hearing, the ASI produced a 9 October 2026 proceeding withdrawing the prohibition on cooking food or prasadam on the hilltop.

1. Whether the challenge to the ASI’s restriction on cooking or fire-related activity required adjudication after the ASI withdrew the restriction.

2. Whether the villagers’ request to participate in cooking Kathambam Satham remained live after that withdrawal.

3. Whether the petitioner’s challenge to the ASI officer’s jurisdiction should be decided in these proceedings.

The petitions were brought under Article 226 of the Constitution, invoking the High Court’s writ jurisdiction.

The Court referred to the Supreme Court’s direction that customary and traditional practices continue on a status quo basis, as reported in the ASI communication; it did not set out the Supreme Court order or identify a case citation.

The judgment cites no statute, precedent, or separate legal test governing the ASI’s jurisdiction. It resolved the immediate relief claims on the basis that the disputed restriction had been withdrawn, and left the jurisdictional challenge open for appropriate proceedings.

The ASI’s withdrawal removed the restriction that formed the basis of the challenge and addressed the practical relief sought in the second petition.

The Court also noted the stated status quo position concerning customary and traditional practices.

In those circumstances, it considered no further order necessary on the challenged condition and dismissed the participation petition as infructuous.

It did not decide whether the ASI officer had jurisdiction to impose the condition, leaving that question for proceedings brought in an appropriate forum or form.

W.P.(MD) No. 29429 of 2026 was disposed of without further orders; the jurisdictional question was left open for challenge in appropriate proceedings.

The Commissioner of Police, Madurai, was directed to ensure peaceful conduct of the festival and maintain law and order. There was no order as to costs, and the connected miscellaneous petition was closed.