'Balanced Order' : Supreme Court Affirms Madras HC Order Limiting Muslims' Worship At Thirupparankundram Hills In Tamil Nadu

The Supreme Court today(February 9) refused to interfere with the judgment passed by the Madras High Court, holding that Muslims have no right to conduct any prayers except during Ramzan and Bakri-Id at the Nellithoppu area, the 33 cent of which is owned by the Sikkandar Badhusha Avuliya Dargah atop the Thiruparankundram hills in Madurai District in Tamil Nadu.The High Court, in its judgment delivered in October 2025, had also ruled that animal sacrifice cannot be permitted in the area.Challenging the High Court's verdict, one M. Imam Hussain, a worshipper at the Dargah, approached the Supreme Court. A bench comprising Justice Aravind Kumar and Justice PB Varale however refused to interfere with the High Court's order, terming it balanced.Appearing for the petitioner, Advocate Prashant Bhushan submitted that there has never been a law and order problem in the area. Bhushan said: "... Ramzan and Bakri-eid festival days alone. That is what we are aggrieved by, the word alone...once the Nellithoppu area has been decreed by the Trial Court and affirmed by Privy Council, the High Court also records that affirmation. They say, Mohamaddens have been granted declaration of the title for the extent of 33 cents in the Nellithoppu area...now, the problem is, despite holding that the Nellithoppu area, the land belongs to Mohemmands, they have restricted prayers to Ramzan and Bakri-eid. Other conditions can be there, we maintain law and order, but there has never been a law and order problem."Justice Kumar responded that had there been no law and order issue, there would not have been a meeting of the Peace Committee. "It seems to be a very very balanced order," Justice Kumar said and Justice Varale agreed with it."We do not propose to interfere with the order. Without expressing any opinion on rights of the parties, the impugned order stands upheld," the bench observed in the order passed.The issue pertains with respect to the location of the places of worship at the Thiruparakundram Hill. The performance of namaz and animal sacrifice at the hill, which also houses the temple Arulmighu Subramaniaswamy Thirukovil, has been a matter of controversy.In June 2025, a two-judge bench of the High Court delivered a split verdict. While Justice Nisha Banu refused to interfere with the practice of animal sacrifice, Justice S Srimathy took a different view and said that the Dargah should approach the civil court to establish their right to practice the Kandoori animal sacrifice and prayers during Ramzan, Bakrid and other Islamic festivals. Also ,while Justice Banu upheld the rights of Muslim devotees, Justice Srimathy observed that the practice of offering namaz at the Nellithoopu is of recent origin. She also said that the congregation of a large number of persons for such prayers would obstruct the pathway leading to the Kasi Viswanathan temple and therefore would encroach upon the other portions of the Arulmigu Subramaniya Swamy temple. Considering the split, the Chief Justice of the Madras High Court sent the matter to another judge for final adjudication. On October 10, 2025, the third Judge held that Muslim devotees have limited rights to offer nazam only to Ramzan and Bakri-Eid. However, no animal sacrifice, cooking or carrying or serving of non-vegetarian food was permitted until a competent Civil Court decides with regards to the customary practice of animal sacrifice at the hillock.These two orders have been challenged by the petitioner in the Supreme Court as arbitrary and contrary to Article 25 of the Constitution. Last December, the Madras High Court allowed the lighting of a lamp at a deepathoon near the Dargah, which led to a controversy. The High Court also pulled up the State in contempt proceedings after the State refused to execute the order citing law and order problems.Case Details : M. IMAM HUSSAIN v. THE SECRETARY TO GOVERNMENT AND ORS. | Diary No. 73933-2025

'Balanced Order' : Supreme Court Affirms Madras HC Order Limiting Muslims' Worship At Thirupparankundram Hills In Tamil Nadu

Gursimran Kaur Bakshi

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