The judgment resolved three contentious issues – the name of the hillock, the practice of animal sacrifice at the Sikkandar Badusha Dargah, and the right of Muslims to offer prayers at the Nellithoppu area.
Chennai:
The Madurai Bench of the Madras High Court has issued a third-judge ruling on the Thiruparankundram Hillock dispute, settling the split verdict from June of this year. Justice GR Vijayakumar, the third judge appointed to resolve the issue, largely agreed with the views of Justice S Srimathy, affirming that the hillock will continue to be known as Thiruparankundram Hill, rather than Sikkandar Malai.
The ruling addresses three major points of contention: the hillock’s name, the practice of animal sacrifice at the Sikkandar Badusha Dargah, and the right of Muslims to offer prayers at the Nellithoppu area.
Hillock’s Name To Remain “Thiruparankundram Hill”
Justice Vijayakumar cited historical revenue and archaeological records, including a 1908 and 1923 Gazette notification under the Ancient Monuments Preservation Act, which identify the area as Thiruparankundram Rock. These notifications declare 172.2 acres of the hill as protected under the Archaeological Survey of India (ASI). The judge ruled that referring to the hill as Sikkandar Malai was “mischievous” and an attempt to alter its historical name.
The judgment also clarified that the Arulmigu Subramaniaswamy Temple, located at the foothills, owns the entire Thiruparankundram Hill, except for two portions— the Sikkandar Badusha Avuliya Dargah at the southern peak and the Nellithoppu area in the middle. Earlier civil court decrees had recognized these areas as belonging to the Muslim community. However, these two areas make up only a small part of the 172-acre hill, with Nellithoppu itself covering approximately 33 cents.
Ban on Animal Sacrifice Until Civil Court Ruling
In addressing the practice of animal sacrifice, Justice Vijayakumar ruled that no animal sacrifices could take place on the hillock. The court noted that there was no documentary evidence proving that animal sacrifice had been a long-standing or essential religious practice at the Dargah. Even if the dargah administration claims animal sacrifice as a religious custom, it must establish this before a competent civil court. Until the matter is settled, no animal sacrifice, cooking, or serving of non-vegetarian food would be allowed anywhere on the hill.
Limited Right to Offer Prayers at Nellithoppu
The court also addressed the right of Muslims to offer prayers at the Nellithoppu area, allowing it only during the Ramzan and Bakrid festivals, subject to strict conditions. The court emphasized that while the 33-cent Nellithoppu area belongs to the Muslim community, the traditional steps leading to it belong to the temple. These steps, which also lead to the Kasi Vishwanathar Temple atop the hill, must remain unobstructed and undefiled.
Additionally, the court clarified that no cooking, animal sacrifice, or carrying of non-vegetarian food would be allowed at Nellithoppu until a civil court has determined the rights of the parties involved.
