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2025 Supreme(Online)(Mad) 60376
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice R.Vijayakumar, Mrs. Justice J.Nisha Banu, Mrs. Justice S.Srimathy, JJ
S.Paramasivam – Appellant
Versus
The District Collector, Madurai District – Respondent
W.P.(MD)No.2678 of 2025 | W.P.(MD)No.2277 of 2025 | W.P.(MD)No.15565 of 2023
For the Appellants/Petitioners: Mr.G.Karthikeyan, Mr.V.Ramakrishnan, Mr.Niranjan S Kumar
For the Respondents: Mr.J.Ravindran, Mr.R.Shanmuga Sundaram, Mr.Veera.Kathiravan, Mr.S.Vanchinathan
Animal sacrifice, as an essential religious practice protected under Article 25 of the Constitution, cannot be selectively prohibited without statutory basis; communal harmony must be preserved.
Headnote:(A) Constitution of India - Article 226 - Petition for Writ of Mandamus - Request to prohibit illegal usage of Thiruparankundram Temple Hillock and animal sacrifices - The court outlines the historical significance of the hill, reaffirming that it has been consistently referred to as Thiruparankundram Hill, and establishes that the rights related to animal sacrifice cannot be infringed upon due to established religious practices respected across communities. (Paras 11, 14, 15, 30).
(B) The court emphasized that both the right to practice one's religion and the administrative orders regarding public land usage must be respected while ensuring communal harmony. The judgment also addresses the principle of lawful religious practices under Article 25 of the Constitution of India, affirming that without a law prohibiting such acts, restrictions on religious practices cannot be enforced. (Paras 11, 14, 28, 30).
Findings of Court:
The court finds the practice of animal sacrifice in the Dargah as historically established by local community customs that warrant protection; however, it also stipulates limitations during public worship times. (Paras 11-15, 30).
Issues: The court addressed the ownership and religious use of public land, community rights to animal sacrifice, and the implications of the naming of the hill. (Paras 30-32).
Ratio Decidendi: The court articulated that historically established communal practices alongside existing laws must dictate the permissible actions regarding worship, and public sentiments of various communities must be taken into account. (Paras 11-14).
Result: The petitions regarding animal sacrifice were allowed given the absence of legal prohibitions, while the petition seeking to rename the area as Sikkandar Malai was dismissed. (Paras 28, 29).
| Table of Content |
|---|
| 1. factual background of writ petitions. (Para 1 , 5 , 6 , 12) |
| 2. contentions regarding animal sacrifice. (Para 7 , 9 , 10 , 11 , 14) |
| 3. counterarguments from dhargah administration. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 4. judicial findings on animal sacrifice. (Para 23 , 24 , 30) |
| 5. legal arguments about the historicity of claims. (Para 32 , 34) |
| 6. final order of the court. (Para 107) |
COMMON ORDER
The above said writ petitions were tagged together and heard by the Hon'ble Division Bench of Mrs.Justice J.Nisha Banu and Mrs.Justice S.Srimathy. Out of these writ petitions, both the learned Judges were pleased to concur and dismissed WP(MD).Nos.3701 of 2025, 8523 of 2017 and 23198 of 2023.
2.As far as the other three writ petitions are concerned, there was a divergent opinion. The learned Judge Mrs.Justice J.Nisha Banu had dismissed all the three writ petitions and Mrs.Justice S.Srimathy has allowed these three writ petitions. In view of cleavage of opinion between the two Judges, the matter was placed before the Hon'ble Chief Justice for nominating the third Judge. Thus, these writ petitions are listed before this Court.
3. Since both the learned Judges have concurred and dismissed WP(MD).Nos.3703 of 2025, 8523 of 2017 and 23198 of 2023, this Court has not permitted the counsels to address their submissions in these writ petitions. In case of any grievance to any one of the parties over the orders passed in these writ petitions, it is for the aggrieved parties to approach the appropriate forum for ventilating their grievance.
4(A).The prayer sought for in the other three writ petitions are as follows: (i).Prayer in WP(MD).No.2277 of 2025: This petition has been filed for direction, directing the respondents 1 to 7 to prevent the 8th respondent 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 based on the representation dated 16.01.2025 and 17.01.2025.
(ii)Prayer in WP(MD).No.2678 of 2025: This petition has been filed directing the respondents 1 to 5 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.
(iii)Prayer in WP(MD).No.15565 of 2023:This petition has been filed directing the respondents No. 1 to 7 to take necessary action as against the 8th respondent not to conduct prayer or any other gathering in Nellithoppu at Arulmighu Subramaniaswamy Thirukovil at Thirupparankundram, Madurai District, based on the petitioner's representation dated 13.05.2023 and19.06.2023.
(B).Pleadings of the parties:
5.WP(MD).No.2277 of 2025 has been filed as a Public Interest Litigation on behalf of Hindu Community People.
6.It is contended in the writ affidavit that Sri Arulmighu Subramaniyaswamy Temple at Thiruparankundram in Madurai is the first temple of Arupadai Veedu and it is a cave temple. According to the petitioner, the temple was constructed around 8th century and on the top of Hill, there is Kasi Vishwanathar Temple, Deepam Thoon and Sthala Virksha Kallati Tree. It is further submitted that on the southern side of the hill, Umai Andar Cave Temple with 11 Theerthakulam is situated. There are Samanar caves also. There is a Jeeva Samathi of Matcha Munivar located on the hill. It is further contended in the affidavit that the entire hill is considered to be a Shiva Sthalam and Girivalam is being performed on every full moon day. According to the petitioner, no animal sacrifice is being done over hillock and Non-vegetarian is neither prepared nor served. However, over the top of the hill, Sikkandar Badhusha Dhargah is situated. To reach the said Dhargah, one has to climb the hill via Palani Andavar Temple through the traditional footsteps. Several Hindus offer their prayers in Kas
