The Supreme Court has declined to interfere with a Madras High Court order that restricts certain religious practices at the Thirupparankundram Hill in Tamil Nadu, describing the High Court’s directions as balanced and well-considered. As a result, limits imposed on prayers and associated rituals at the site will continue to operate.
The controversy relates to Thirupparankundram Hill in Madurai district, a site of shared religious significance that houses the Subramaniya Swamy Temple dedicated to Lord Murugan as well as the Sikandar Badhusha Avuliya Dargah. Disputes have arisen over the extent to which religious practices may be carried out in the Nellithoppu area of the hill, particularly by devotees of the dargah.
In October last year, a third judge of the Madras High Court resolved a split verdict by ruling that Muslim worshippers could offer prayers at Nellithoppu only on the occasions of Ramzan and Bakri Eid. The High Court also prohibited activities such as animal sacrifice, cooking, and the distribution of non-vegetarian food at the site until a competent civil court determines whether such practices form part of established custom.
An appeal against this order was filed before the Supreme Court by a worshipper associated with the dargah, who argued that the restrictions imposed by the High Court were excessive and infringed upon the fundamental right to freely practise religion under Article 25 of the Constitution. It was submitted that there was no material to suggest that daily prayers posed a threat to public order and that reasonable regulation, rather than outright limitation, would have sufficed.
Opposing the plea, it was argued that the High Court had carefully weighed competing religious claims, historical usage of the land, and concerns relating to law and order. The order, it was contended, was intended to preserve communal harmony at a site that has witnessed long-standing tensions and litigation.
After hearing brief submissions, a Bench of Justices Aravind Kumar and P.B. Varale refused to entertain the appeal. The Court observed that the High Court’s judgment struck an appropriate balance between the interests involved and did not warrant interference. The Bench clarified that it was not expressing any opinion on the merits of the underlying civil dispute and that the rights of the parties would remain subject to adjudication by the appropriate forum.
With the Supreme Court’s decision, the High Court’s directions will continue to govern religious practices at Thirupparankundram Hill. Muslim prayers at Nellithoppu will remain confined to the two specified festival days, and restrictions on animal sacrifice and related activities will stay in place until the civil courts decide the issue of customary rights.
The ruling underscores the judiciary’s cautious approach in matters involving overlapping religious claims, particularly where public order and communal harmony are at stake. It also highlights the court’s inclination to uphold carefully calibrated interim arrangements designed to maintain peace while substantive legal questions await final determination.
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