In a significant order touching upon religious and cultural sensitivities, the Madurai Bench of the Madras High Court has ruled that Thiruparankundram Hill shall not be referred to as either ‘Sikkandar Malai’ or ‘Samanar Kundru’, affirming that the hill must be referred to exclusively as “Thiruparankundram Hill.”
The verdict came as part of a batch of writ petitions involving disputes over religious rights, cultural identity, and animal sacrifice practices on the hill, which is home to both the historic Arulmigu Subramaniya Swamy Temple and the Sikkandar Badhusha Dargah.
Delivering her order, Justice S. Srimathy stated unequivocally in paragraph 43 of the judgment:
“The Thirupanrankundram Hill shall be continued to call as Tirupanrankundram Hill alone. The Thirupanrankundram Hill shall not be called either as Sikkandar Malai or as Samanar Kundru.”
The court further emphasized the protection and preservation of the site, banning quarrying on the hill and imposing restrictions on any construction or renovation.
“Any quarrying of the Tirupanrankundram Hill is hereby prohibited. For any construction or renovation work of Dargah, the Managing Trustee shall approach the Archaeological Department…”
In a split verdict on the issue of animal sacrifice at the Dargah, Justice J. Nisha Banu observed that such practices were traditional and not legally prohibited, noting that the Tamil Nadu Animals and Birds Sacrifices Prohibition Act, 1950 was repealed in 2004.
However, Justice Srimathy dissented, calling the announcement of animal sacrifice through pamphlets “mischievous and malicious” and held that the dargah must approach a civil court to establish whether such practices were prevalent before the 1920 civil court decree.
In light of this judicial divergence, the matter has now been referred to the Chief Justice for appropriate further orders.
The verdict also includes directions on amenities and site management. Notably, the court ruled that road, water, and toilet facilities on the hill would not be granted in order to prevent ecological damage. The court also ordered a comprehensive survey by the Archaeological Department to demarcate protected monuments, the temple, and the dargah.
(With inputs from Verdictum)
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