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Justice R Vijayakumar of the Madurai Bench of the Madras High Court, who was the third judge in the Thiruparankundram hill dispute, has ruled that no animal sacrifice can be permitted on the hill until a competent civil court decides on the existence of such a customary practice.
In his ruling, the judge held that the restrictions on animal slaughter, cooking, carrying, or serving of non-vegetarian food on the hill must continue until a civil court determines whether such a practice has existed “from time immemorial.”
“When one side asserts that the practice exists from time immemorial and the other side denies it, the party asserting such a customary practice has to approach a competent civil court to establish the same,” the judge observed.
Justice Vijayakumar was appointed after Justices J Nisha Banu and S Srimathy delivered a split verdict in a batch of petitions concerning animal sacrifice, the nomenclature of the hill, and the right to conduct prayers at the Nellithoppu area.
Justice Vijayakumar concurred with Justice Srimathy’s opinion that the hill should continue to be called “Thiruparankundram hill” and not “Sikkandar Malai” or “Samanar Kundru,” citing a 1920 civil court decree and historical revenue records.
Referring to the Ancient Monuments and Archaeological Sites and Remains Rules, 1959, the court noted that 172.2 acres of the hill are designated as a protected monument by the Archaeological Survey of India (ASI).
“As per Rule 8(g), bringing any animal for any purpose other than maintenance of monuments is prohibited, and as per Rule 8(c), cooking or consuming of food is also prohibited,” Justice Vijayakumar said.
He added, “Therefore, as of today, there is a statutory bar against the traditional practice of animal sacrifice over the Thiruparankundram Hillock.”
The judge also addressed the issue of prayers at the Nellithoppu area, concurring with Justice Banu’s earlier finding that the Mohammedan community has been granted a declaration of title over 33 cents of land in that area.
However, the pathway leading to the site belongs to the Subramaniya Swamy Temple, and the Muslim community holds only a right of passage.
He permitted the conduct of prayers and gatherings during Ramzan and Bakrid, provided they did not obstruct the temple’s traditional pathway. The judge said, “Overcrowding cannot be a ground for denying the right to offer prayers within the Nellithoppu area, provided it does not obstruct the pathway to devotees and the traditional steps leading up to the area.”
The order clarifies that any animal sacrifice or offering of non-vegetarian food at the site would violate the ASI Rules and cannot proceed without explicit permission from the authorities.
The court reiterated that religious harmony and mutual respect must be maintained between the communities using the sacred hill.