Madras HC Refers Tirupparankundram Hill Case To Chief Justice After Judges Take Differing Views On Petitions

The Madurai Bench of the Madras High Court has referred a case concerning the Tirupparankundram hill to the Chief Justice after a Division Bench of Justices J Nisha Banu and S Srimathy delivered differing opinions on six petitions.

The petitions sought directions on matters including the prohibition of animal sacrifice, provision of civic amenities, and the preservation of the hill as a site of national importance.

As per a report by The Hindu, Justice Banu observed it was an admitted fact that the hill housed the ancient Subramaniya Swamy (Murugan) Temple, Sikandar Badusha Dargah and Jain temples.

The dispute regarding the rights of the Temple Devasthanam was adjudicated by the First Additional Subordinate Judge, Madurai, and confirmed by the judgment of the Privy Council, which affirmed that the whole of Tirupparankundram hill, except 33 cents, belong to Lord Murugan.

The civil court had not only recognised the rights of both the parties with regard to the places of the worship but also had defined the rights.

The court observed that since the matter has attained finality during the earlier years of the past century, it was not inclined to interfere with the same, with a view to preserving interfaith peace and amity, safeguarding secular coexistence and upholding the spirit of religious tolerance and unity among the people.

The court also observed that animal sacrifices, being a long-standing religious practice across several Hindu temples in the region and performed at the dargah, could not be selectively banned.

However, Justice S Srimathy ruled that the hill must retain the name Tirupparankundram, and should not be referred as Sikkandar Malai or Samanar Kundru. Any quarrying of the hill was prohibited.

She observed that there was no evidence to prove that Kandoori animal sacrifice was an established practice at the dargah prior to 1920, and instructed the dargah to approach the civil court for validation.

Since nobody was allowed to Kasi Viswanathar Temple and Sikkandar Dargah after 6 pm, electricity connection was not necessary. The hill would be damaged if road, drinking water supply and toilet were granted, hence the same should not be granted.

However, for drinking water supply, the temple and dargah were asked to carry water manually and duly instruct the devotees to carry water on their own.

Justice Srimathy also ordered a survey by the Archaeological Department to demarcate monuments and structures on the hill within one year.

Due to the contradictory rulings, the case will now be placed before the Chief Justice for appropriate directions.