Madurai Bench of Madras High Court Ruling on Tirupparankundram Hillock Case
Justice R. Vijayakumar of the Madurai Bench of Madras High Court acted as a tie-breaker in the Tirupparankundram hillock case, agreeing with Justice S. Srimathy's view that animal sacrifice and non-vegetarian food should not be permitted on the hillock.
Background and Gazette Notifications
- Justice Vijayakumar referenced Gazette notifications from 1908 and 1923 by the Archaeological Survey of India (ASI).
- These notifications identified the hillock as 'Tirupparankundram', mentioning the presence of Sikandar Badusha Dargah.
- The name "Sikandar Malai" was not referenced in these notifications.
Prohibition of Animal Sacrifice
- The ASI notifications classified 172.2 acres as a protected monument.
- As per the Ancient Monuments and Archaeological Sites and Remains Rules 1959:
- Rule 8(g): Prohibits animals for purposes other than monument maintenance.
- Rule 8(c): Restricts cooking and consuming food without specific permission.
- Justice Vijayakumar determined that customary animal sacrifice must be established in a competent civil court.
Judicial Observations on Religious Practices and Property Rights
- According to the 1920 civil court judgment, the temple Devasthanam owns traditional steps leading to Nellithoppu.
- The Subramaniaswamy Temple and Kasi Vishwanathar Temple are connected, impinging on community religious practices if animal sacrifice is allowed.
- Mohammedans have a declared title to 33 cents in the Nellithoppu area.
Conditions for Prayer Gatherings
- Mohammedans may offer prayers during Ramzan and Bakrid, with conditions:
- Prayers should not obstruct pathways to Kasi Vishwanathar Temple or traditional steps.
- Pathways should not be used for other purposes.
- Justice Vijayakumar agreed with Justice Banu's dismissal of a petition to stop prayers at Nellithoppu.
