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2025 Supreme(Mad) 4513
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
J. NISHA BANU, S. SRIMATHY, JJ.
M. Kannan @ Solai Kannan, S/o. R. Muthusamy - Appellant
Versus
The District Collector, Madurai District, Madurai and Ors. - Respondents
W.P.(MD) Nos.2277, 3703 & 2678 of 2025, 15565 & 23198 of 2023 and 8523 of 2017 and connected miscellaneous petitions
Decided On : 24-06-2025
For the Petitioner: Mr. N. Sundaresan.
For the Respondents:Mr. Veera Kathiravan, Addl. Advocate General Assisted by Mr. P. Thilak Kumar, Govt. Pleader, Mr. S. Manohar, Mr. Isaac Mohanlal, Senior Counsel For Mr. B. Arun, Mr. S. Ravi, Asst. Public Prosecutor, Mr. K. Govindarajan, D.S.G.I.
The court affirmed the preservation of historical religious rights and practices, ruled the prohibition of animal sacrifice by the dargah, and reiterated the importance of maintaining status quo for communal harmony.
Headnote:(A) Constitution of India - Articles 25 and 26 - Places of Worship (Special Provisions) Act, 1991 - Dispute over religious practices and ownership regarding Thiruparankundram Hill. Writ petitions addressed animal sacrifice, religious naming, and civic amenities pertaining to historical temples and dargahs on the hill. The Court reinforced prior decrees confirming Hindu ownership over Thiruparankundram Hill while recognizing the rights of the Muslim community regarding the Dargah. The court concluded existing rights' preservation was paramount for communal harmony. (Paras 10, 27, 28, 30, 34, 42, 43)
| Table of Content |
|---|
| 1. overview of the litigations related to thiruparankundram hill. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's observations and reasoning behind the decision. (Para 6 , 7 , 8 , 9 , 10 , 11 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 3. the arguments presented address the rights of various religious groups and the implications of the places of worship act. (Para 14 , 16 , 21) |
| 4. conclusions and orders issued by the court. (Para 35 , 36 , 43 , 44) |
| 5. final rulings reflect the court's intent to preserve historical religious practices and prevent disturbances to communal harmony. (Para 38) |
ORDER :
[J. NISHA BANU, J.]
Since the issues involved in all these writ petitions are one and the same, they are disposed of by this common order.
2. Totally six writ petitions have been filed, out of which, two writ petitions, viz. W.P.(MD) Nos.2277 of 2025 & 15565 of 2023, are filed seeking for directions from the respondents concerned to prevent the 8th respondent/ Sikkandar Badhusha Dharga, rep. by its Jamath Members, Thiruparankundram, Madurai District, at any point of time, from performing any form of animal sacrifice in entire Thiruparankundram Hill and also from serving food prepared by animal sacrifice and not to conduct prayer or any other gathering in Nellithoppu at Arulmighu Subramaniaswamy Thirukovil at Thirupparankundram, Madurai District, based on their representations.
3. Meanwhile, writ petition in W.P.(MD) No.8523 of 2017 is filed by the petitioner therein to consider his representation dated 01.05.2015 seeking for appropriate action to provide civic amenities such as proper road, street lights, drinking water supply and toilet in the interest of the public visiting the Dharka and Temple. W.P.(MD) No.23198 of 2023 has been filed seeking for a direction from the respondents 1 to 3 therein, not to interfere the petitioner/Y.Ozeer Khan, Senior Managing Trustee, Hazarath Sulthan Sikkandar Badhusha Avuliya Dargah and Mosque, Thiruparankundram, Madurai District, day to day administration of Hazarath Sulthan Sikkandar Badhusha Avuliya Dargah and Mosque and consequently to direct them not to prevent the petitioner from carrying the renovation works and construction works in the place of the said Dargah and Mosque situated at the Top Hill of Thiruparankundram, Madurai on the basis of the his representation dated 17.08.2023.
4. Whereas, W.P.(MD) No.3703 of 2025 is filed seeking for a Writ of Declaration, declaring the Thiruparankundram Hill, Madurai District as “Samanar Kundru” and to restore and maintain the said Hill as a site of national importance and desist from any act which are against the Jain principles and preachings and W.P.(MD) No.2678 of 2025 has been filed seeking for a direction to the respondents 1 to 5 therein, to take appropriate action to prevent/prohibit the illegal usage of the name of Thiruparankundram Temple Hillock as Sikkandar Malai and to prohibit any kind of animal sacrifice in any manner by anybody upon the hill area with a view to preserve and protect the sacred and holiness of the Hillock Thiruparankundram. Today, various miscellaneous petitions were filed to implead proposed respondents in W.P.(MD) Nos.2277/2025, 8523/2017, 23198 and 15565 of 2023 and all the petitions stand ordered.
5. A brief recital of the facts, as gathered from the pleadings and evidence on record, is set out hereunder:-
5.1. Sri Arulmigu Subramaniya Swamy Temple, Thiruparankundram, Madurai, is a famous cave temple and the first Arupadai Veedu of Lord Muruga and Hindus offer their prayers for Lord Muruga. Located in the north side of the Hill, this cave temple is believed to be constructed around 8th Century B.C. by the Pandia Kingdom. On the top of the Hill, there is Kasi Viswanatha Temple, Deepam Thoon, Sthala Viruksha Kallati tree. On the middle part of the Hill, called as Thenparankundram, there is Umai Andavar Cave Temple and 11 Theerthakulam. On the south side, Samanar culverts and caves are situated. The entire administration of Arulmigu Sub
