In another verdict of significance, the Madurai Bench of the Madras High Court delivered a split judgment. One judge emphasised that the hill should be referred to only as Thiruparankundram, and not as Sikkandar Malai or Samanar Kundru (Jain’s cave), while also prohibiting quarrying of the hill. The other judge on the Division Bench permitted animal slaughter at the Sikkandar Dargah.
Following this divergence, the judges referred the matter to the Chief Justice to nominate a third judge for a tie-breaking verdict.
A Division Bench of the Madurai High Court issued the split verdict on a batch of PILs, including one filed by Solai Kannan questioning partisan issues such as naming Thiruparankundram Hill as Sikkandar Hill, permitting animal sacrifice on the hill (where Delhi Sultanate representative Sikkandar, who briefly ruled Madurai, is believed to be buried and a dargah now stands), and a third plea demanding the hill be named Samanar (Jain) Malai.
The petition sought directions to respondents 1 to 7 to prevent the 8th respondent from performing any form of animal sacrifice at any point of time on the entire Thiruparankundram Hill and from serving food prepared using animals sacrificed, based on representations dated 16.01.2025 and 17.01.2025.
The Respondents: 1. The District Collector, Madurai District, Madurai; 2. The Commissioner of Police; 3. The Deputy Commissioner, Hindu Religious and Charitable Endowments Department (HR & CE); 4. The Revenue Divisional Officer; 5. The Officer-in-Charge, Archaeological Department, Pudukkottai District; 6. The Inspector of Police, Thiruparankundram Police Station; 7. The Tahsildar, Thiruparankundram Taluk. 8 The Trustee, Sikandar Badusha Avuliya Dargah, Thiruparankundram.
Petitioner Y. Ozeer Khan, Senior Managing Trustee of the Hazarath Sulthan Sikkandar Badhusha Avuliya Dargah and Mosque, sought a direction to respondents 1 to 3 not to interfere in the day-to-day administration of the Dargah and Mosque, and to consequently allow renovation and construction works at the hilltop premises, as per his representation dated 17.08.2023.
The Division Bench, which had reserved its order on 30 April, delivered the 107-page judgment on 24 June.
Another PIL petitioner requested the respondents to consider the representation dated 01.05.2015 and take appropriate action to provide civic amenities such as proper roads, streetlights, drinking water supply, and a toilet for the benefit of those visiting the dargah and temple, within a stipulated timeframe.
Another petitioner sought to declare Thiruparankundram Hill in Madurai district as Samanar Kundru, and to restore and maintain it as a site of national importance, desisting from any act contrary to Jain principles and teachings. Yet another petition requested a direction to respondents 1 to 5 to prohibit the illegal use of the name Sikkandar Malai for the hill and to prohibit any kind of animal sacrifice on the hill in order to preserve and protect its sacredness.
In its common order, the Bench traced the historical background and previous court cases in detail.
Justice J. Nisha Banu, delivering the dissenting verdict on June 24, allowed animal sacrifice. She stated that she was not inclined to interfere with interfaith peace and harmony, stressing the importance of preserving secular coexistence. The court observed:
“Hence, it is evident that the animal sacrifice at the Dargah located on Thiruparankundram Hill has been prevalent as a religious practice from time immemorial, practised not only by Muslims but also by other communities. It is also pertinent to note that the Tamil Nadu Animals and Birds Sacrifices Prohibition Act, 1950, was repealed in 2004 by Tamil Nadu Act 20 of 2004.”
The court further said:
“Therefore, as on date, there is no statutory bar against the traditional practice of animal sacrifice at religious places in Tamil Nadu. Moreover, the Dargah is located on the southern peak of Thiruparankundram Hill, whereas the Subramaniya Swamy Temple and Kasi Viswanathar Temple are situated elsewhere. Thus, the religious practices of one community do not impinge upon the sacred spaces of another… The same cannot be selectively banned.”
In its common order, the court also stated: “A survey ought to be conducted to ascertain the details of the protected monuments. If the rock-cut cave, Panchapandava beds, Jain caves, Subramaniya Swamy Temple, Kasi Viswanathar Temple, Arumugha Swamy Temple, and Sikkandar Dargah are all surveyed and demarcated on Thiruparankundram Hill, it would indicate religious harmony.”
The Bench issued the following directions:
i. The Tirupanrankundram Hill shall be continued to call as Tirupanrankundram Hill alone.
ii. The Tirupanrankundram Hill shall not be called either as Sikkandar Malai or as Samanar Kundru.
iii. Any quarrying of the Tirupanrankundram Hill is hereby prohibited.
iv. The Dargah is directed to approach Civil Court to establish their practice of Kandoori animal sacrifice as well as prayer during Ramzan, Bakrith and other Islamic festival was prevailing prior to O.S.No.4 of 1920. However, the dargah is allowed to do the Santhanakodu festival.
v. Since no body is allowed after 6 pm to Kasi Viswanathar Temple and Sikkandar Dargah, electricity connection is not necessary.
vi. The hill would be damaged if road, drinking water supply and toilet are granted, hence the same shall not be granted. However, for drinking water supply the temple shall carry water manually and also duly instruct the devotees who visit Kasi Vishwanathar Temple to carry water on their own. Likewise the dargah shall carry water manually and also duly instruct the devotees who visit Kasi Vishwanathar Temple to carry water on their own.
vii. The prayer seeking direction against police officials not to interfere is vague prayer and blanket order of not to interfere cannot be granted and the same is rejected.
viii. For any construction or renovation work of Dargah, the Managing Trustee shall approach the Archaeological Department, if the Dargah is intended to put up construction and reconstruction.
ix. The 1 st and 2nd respondents in W.P.(MD)No.3703 of 2025 are directed to allow the 4th respondent Archaeological Department to survey the Tirupanrankundram Hill, demarcate the protected monuments stated supra, demarcate the dargah, demarcate the temple and note all physical features along with measurements and the said exercise shall be completed within a period of one year and a report may be submitted to the Court.
The court added:
“The Thiruparankundram Hill, insofar as Hindus are concerned and subject to the recognised rights of Muslims, is not vested in any individual or group but lies with Arulmigu Subramaniya Swamy Temple, Thiruparankundram. No allegations of violations of the temple’s rights have been made, as these rights have been recognised and confirmed by Civil Courts.”
Justice Srimathy, taking a dissenting view, observed that if the Dargah had followed animal sacrifice from time immemorial, there would be evidence to support it. No such evidence was submitted. She also noted that there is no meat stall on Sannadhi Street, about 300 metres from the temple, and that most marriage halls in Thiruparankundram do not permit non-vegetarian cooking. “All these facts show how devotees protect the sanctity of the hill and the Subramaniya Swamy Temple,” she remarked.
The judge criticised a pamphlet advertising the slaughter of goats and chickens at Sikkandar Dargah as “definitely mischievous and malicious,” and directed authorities to take action. She also advised the Dargah to approach the appropriate civil court to establish any claimed right to animal sacrifice.
The order states that based on a brief recital of the facts, as gathered from the pleadings and evidence on record, is set out hereunder:-
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 Theerthakulam. On the south side, Samanar culverts and caves are situated. The entire administration of Arulmigu Subramaniya Swamy Temple including all the deity including Kasi Viswanathar Temple are administered by temple Administrator – Tami Nadu Hindu Religious & Charitable Endowments Department. Whereas on the top side of the Hill, a place called Sikkandar Badusa Dargah is situated. While the Hindu Organization, terms it as “Skanda Malai”, the Muslim Organization terms it as “Sikkandar Malai” and the Jain Community terms it as “Samanar Kundru” and the local people term it as “Thirupparangundram Malai”.
