Thiruparakundram Hill Row | Madras High Court Allows Hindu Munnani To Protest Against Alleged Encroachment

Noting that the entire issue could have been handled in a better way, the bench of Justice G Jayachandran and Justice R Poornima allowed the protests to be conducted by the organization today (4^th February 2025), at Palanganatham junction between 5:00 pm and 6:00 pm. The court added that proper arrangements should be made for the protests and both the organisers and the police must ensure that no law and order issues arise due to the protests. The court also asked the organizers to ensure that only one megaphone be carried to the protest site and the entire protest be video graphed.

“The right of expression is subject to public order and peace and other restrictions imposed by the constitution. On going through the entire issue, this court feels that the issue could have been handled in a better way. However, with the able assistance of the Public Prosecutor and the Additional Advocate General, the issue has been substantially dissolved,” the court said.

It may be noted that recently, a video was circulated that allegedly showed a group of individuals consuming non-vegetarian food at the hills. This led to wide controversy with Hindu groups planning a protest against the same. The Hindu Munani Group sought permission to conduct a demonstration in connection with the alleged encroachment of the temple land and the inaction of the police against the encroachers. The ACP (Law and Order) denied the permission citing law and order problems.

Following this, a prohibitory order was imposed in the area for 2 days (February 3^rd and 4^th) under Section 144 CrPC (now Section 163 BNSS) by the District Collector, upon information by the Commissioner of Police to ensure communal harmony. The police also issued a press note informing the general public not to come to Thiruparakundram temple. The police also asked the fleet and transport operators to not carry the public to the temple for protests and asked the shops and halls near the temple to remain closed.

While so, General Secretary of Hindu Munnani in Madurai S Kalanithi Maran approached the Madras High Court seeking to quash the rejection order and to allow protests at the 16 Kaal Mandapam of the temple on February 4^th, 2025 from 3pm to 9:45pm.

In his petition, Maran submitted that the temple at Thirupparakundram was the fourth pilgrimage site of Lord Muruga and was one of the six sacred places selected by Lord Subramanya for his abode. He added that some groups were attempting to encrosach upon the hill and foment religious unrest by planning to slaughter goats and cocks at the Dargah. He thus submitted that his organisation intended to plan a protest to attract attention of the government to the temple and to protect it from encroachment.

Maran further submitted that though an application was made on 23^rd January, 2025, the authorities kept it pending and rejected it just a day prior to the intended protest date by citing law and order problem and by stating that if permission is granted, there would be disturbance of religious harmony.

The state, on the other hand, challenged the petition and submitted that the organisation was trying to flare up the issue under the guise of protests and expressing their anguish and dissatisfaction. The Additional Advocate General Veerakathiravan submitted that though the party had a right to proest, they could not protest in front of the temple. He also pointed out that a lot of devotees were coming to the temple and the crowd was expected till February 11^th on account of Thaipoosam festival. He thus submitted that the organisers could suggest a different place for protests which oculd be carried out on the 19^th or 20^th of this month, and the State could arrange bandobast for the same.

On a discussion with both the party and the state, the court suggested that the petitioners could conduct a token protest at any different site. Pointing out that these type of processions should be allowed, the court also orally criticised the prohibitory order issued by the state for its lack of clarity.

“The prohibitory order is so truncated, without any reason. You're now saying that you will allow religious processions. What if now they (the protestors) decide to change their program and style of protest and decide to carry some milkpots on their heads, will you allow them? There's no clarity….These type of processions should be allowed,” the court orally remarked.

During the course of the hearing, the Public Prosecutor for the state of Tamil nadu Hasan Mohammad Jinnah informed the court that the commissioner has agreed to protests at Pazhanganatham junction at 4pm today.

In light of this, the court disposed of the plea by allowing the protests but also imposed certain conditions on the same.

Case Title: M.Murugan v. The District Secretary (and connected cases)

Citation: 2025 LiveLaw (Mad) 42

Case No: WP(MD) NO. 3363 of 2025