In a significant verdict touching faith and heritage, the Madurai Bench of the Madras High Court on Friday dismissed three public interest litigations challenging the long-standing customs at the Thiruparankundram Hill in Madurai. Justice R. Vijayakumar, acting as a third judge after a split verdict by a Division Bench, upheld that the Hazarath Sultan Sikkandar Badhusha Dargah’s practices- including ritual animal sacrifices-cannot be curbed without clear statutory prohibition.
Background
The petitions, filed by devotees and Hindu organizations, sought to restrain animal sacrifices allegedly performed atop the Thiruparankundram Hill and to stop the use of the term “Sikkandar Malai” for the hillock, home to both the ancient Arulmighu Subramaniya Swamy Temple and the Sikkandar Badhusha Dargah.
The petitioners argued that the hill, revered as a sacred site in Hinduism, must remain free of any non-vegetarian rituals or renaming efforts that could “hurt religious sentiments and disturb communal peace.”
However, the Dargah trustees maintained that these traditions-offering animal sacrifices and communal feasts-had been practiced “peacefully for over a century,” with both Hindu and Muslim locals participating in mutual harmony.
Court’s Observations
Justice Vijayakumar traced the roots of the dispute to the differing interpretations of earlier civil court rulings, including a 1920 decree that divided rights between the temple and Dargah. The court noted that while the entire hill is revered as sacred, the Dargah occupies a legally recognized portion at the southern peak.
On the central question of animal sacrifice, the court emphasized that “no law currently prohibits traditional offerings unless enacted under Article 25(2) of the Constitution.” Citing the repeal of the Tamil Nadu Animals and Birds Sacrifices Prohibition Act, 1950, the bench held that “ritual slaughter as part of faith cannot be restrained through judicial directions alone.”
The bench also took note of the Archaeological Survey of India’s clarification that any animal sacrifice within protected monument zones would be unauthorized, advising the authorities to ensure compliance with heritage preservation norms.
Regarding the name dispute, the judge observed, “All revenue and historical records describe the hill as Thiruparankundram Hill. The use of the name ‘Sikkandar Malai’ by private groups cannot alter official nomenclature.”
Decision
Dismissing all three petitions, Justice Vijayakumar underscored the need for balance between faith and coexistence. The court ruled that no community’s religious practice could be interfered with in the absence of a valid legal bar, and urged both temple and Dargah administrations to maintain peace.
“The bench observed, ‘Courts must not inflame ancient faiths but preserve harmony by respecting coexistence that has endured for generations.’”
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With that, the Madras High Court concluded that the petitions lacked merit, effectively allowing the Dargah to continue its traditional observances while reaffirming that Thiruparankundram Hill’s official name remains unchanged.
Case: S. Paramasivam v. District Collector, Madurai & Others (W.P.(MD) Nos. 2678 & 2277 of 2025 and 15565 of 2023)
Petitioners:
- S. Paramasivam (Devotee of Arulmighu Subramania Swamy Temple)
- M. Kannan @ Solai Kannan
- A. P. Ramalingam, State Organising Secretary, Hindu Makkal Katchi
Respondents: District Collector, Madurai District; Revenue Divisional Officer; Police Officials; Executive Officer of Subramania Swamy Temple; and Trustees of Hazarath Sultan Sikkandar Badhusha Avuliya Dargah
Date of Judgment: 10 October 2025
