The Supreme Court on 9 February 2026 refused to interfere with the judgment passed by the Madras High Court holding that Muslims have no right to conduct prayers except during Ramzan and Bakri-Id at the Nellithoppu area, 33 cents of which is owned by the Sikkandar Badhusha Avuliya Dargah atop the Thirupparankundram hills in Madurai district of Tamil Nadu.
The High Court, in its October 2025 judgment, had also ruled that animal sacrifice cannot be permitted in the area.
Challenging the High Court’s verdict, one M Imam Hussain, a worshipper at the dargah, approached the Supreme Court.
A Bench comprising Justice Aravind Kumar and Justice PB Varale, however, refused to interfere with the High Court’s order, terming it balanced.
Appearing for the petitioner, Advocate Prashant Bhushan submitted that there has never been a law-and-order problem in the area.
Bhushan said, “… Ramzan and Bakri-eid festival days alone. That is what we are aggrieved by, the word alone…once the Nellithoppu area has been decreed by the Trial Court and affirmed by Privy Council, the High Court also records that affirmation. They say, Mohamaddens have been granted declaration of the title for the extent of 33 cents in the Nellithoppu area…now, the problem is, despite holding that the Nellithoppu area, the land belongs to Mohemmands, they have restricted prayers to Ramzan and Bakri-eid. Other conditions can be there, we maintain law and order, but there has never been a law and order problem.”
Justice Kumar responded that had there been no law-and-order issue, there would not have been a meeting of the Peace Committee.
“It seems to be a very very balanced order,” Justice Kumar said, with Justice Varale agreeing.
“We do not propose to interfere with the order. Without expressing any opinion on rights of the parties, the impugned order stands upheld,” the Bench observed in its order.
Background of the Dispute
The issue pertains to the location of places of worship at the Thirupparankundram Hill. The performance of namaz and animal sacrifice at the hill, which also primarily houses the temple Arulmighu Subramaniaswamy Thirukovil, has been a matter of controversy.
In June 2025, a two-judge Bench of the Madras High Court delivered a split verdict.
While Justice Nisha Banu refused to interfere with the practice of animal sacrifice, Justice S. Srimathy took a different view and held that the dargah should approach the civil court to establish its right to conduct Kandoori animal sacrifice and prayers during Ramzan, Bakrid and other Islamic festivals.
Justice Srimathy also observed that the practice of offering namaz at Nellithoppu was of recent origin. She said the congregation of a large number of persons for such prayers would obstruct the pathway leading to the Kasi Viswanathan temple and encroach upon other portions of the Arulmigu Subramaniya Swamy temple complex.
Considering the split verdict, the Chief Justice of the Madras High Court referred the matter to a third judge for final adjudication.
Third Judge Verdict
On October 10, 2025, the third judge ruled that Muslim devotees have limited rights to offer namaz only during Ramzan and Bakri-Eid.
However, the Court held that no animal sacrifice, cooking, or carrying or serving of non-vegetarian food would be permitted until a competent civil court decides on the customary practice of animal sacrifice at the hillock.
These orders were subsequently challenged before the Supreme Court as arbitrary and contrary to Article 25 of the Constitution.
Source: LiveLaw
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