MADURAI: Two judges of a bench of the Madras High Court delivered a split verdict on Tuesday on the emotive issue of permitting animal sacrifices, prayers, and gatherings at the Sikandar Badusha Avuliya Dargah, revered by Muslims, located on the Thiruparankundram Hill in Madurai.
The hill is also home to the Thiruparankundram Murugan Temple, one of the six Aarupadaiveedu (sacred abodes) of Lord Murugan. The matter has now been placed before the Chief Justice of the HC for appropriate orders.
The bench comprising Justices J Nisha Banu and S Srimathy was hearing a batch of six petitions. While three petitions sought prohibition of animal sacrifice and prayers or other gatherings, two wanted directions for peaceful administration of the dargah and basic amenities like road, lights, and the sixth one wanted the hill to be declared as ‘Samanar Kundru’ (Jain hill).
The judges agreed that the hill’s name should not be changed and no direction can be issued to pave road, construct toilets, drinking water pipelines, erect electricity poles, etc. as it would damage the hill. But they dissented on other aspects, such as permitting gatherings and animal sacrifice.
Dismissing all six petitions, Justice Banu recalled that the civil courts have recognised the rights of both the temple and the dargah. “Since the matter has attained finality, I don’t want to interfere with the same to preserve interfaith peace and amity, safeguarding secular coexistence, and to uphold the spirit of religious tolerance,” the judge said.
‘There was no proof that Kandoori ritual took place in Nellithope’
Citing specific findings rendered by the civil court regarding the rights of the Muslims in Nellithope in the hills, Justice Banu dismissed the petition filed by Hindu Makkal Katchi in 2023, which sought a direction to prevent prayers or any other gatherings by the jamath members at Nellithoppu.
She further observed that animal sacrifice, being an established religious practice, is observed not only in the dargah but also in several Hindu temples across the country, and therefore the same cannot be selectively banned.
Referring to a portion of the peace committee report dated January 30, 2025, she said animal sacrifice has been performed in the above dargah since time immemorial and given the distance between the dargah and the Hindu temples on the hilltop, religious practice of one community will not impinge upon the sacred spaces of another.
Noting that the hill is a protected monument, Justice Banu directed that no construction or alteration works should be done on the hill without the permission from the archaeological department. “The Thiruparankundram Hill, insofar as the Hindus are concerned and subject to the recognised rights of the Mohammedans, is not vested with any individual or any particular group or association of people, but is vested with Arulmigu Subramaniya Swamy Temple, Thiruparankundram.
There are no allegations of violation of the rights of the temple in respect of the Thiruparankundram Hills, as such rights have been recognised and confirmed by the Civil Courts,” she further observed.
However, Justice Srimathy said there was no such practice to conduct any prayer during Ramzan, Bakrid or any other Islamic festival in the dargah. It is a new practice and the same cannot be permitted, she added and allowed the Hindu Makkal Katchi’s petition.
With regard to animal sacrifice, she said the revenue divisional officer was right in directing the dargah to approach the civil court for remedy as there is no documentary evidence that Kandoori animal sacrifice was carried on in Nellithope. She said there is no meat or chicken stall for at least 300m around the temple to protect the holiness of the hill.
Srimathy, however, permitted the dargah to hold Santhanakoodu festival, which is traditionally celebrated by the dargah on every 17th day of Ramzan month. She concurred with Justice Banu on the need to protect the hill from desecration and in addition to the latter’s directions, she ordered prohibition of any quarrying in the hill.
She further directed the state to permit the Archaeological Survey of India to survey the hill and demarcate the protected monuments, dargah and the temple and note all physical features with measurements within a year and submit a report to the court.