No animal sacrifice in Tirupparankundram for now: third choose

Justice R. Vijayakumar of the Madurai Bench of Madras Excessive Court docket, the tie-breaker choose within the Tirupparankundram hillock case wherein a Division Bench had delivered a cut up verdict, on Friday concurred with the view of Justice S. Srimathy, one of many two members of the Division Bench, that animal sacrifice, cooking, carrying, or serving non-vegetarian meals can’t be permitted on the hills for now. He held that the restrictions on animal slaughter and non-vegetarian meals should proceed till a reliable civil courtroom decides the matter. With regard to the identify of the hillock, the choose held that it must be referred to as ‘Tirupparankundram’.

Justice J. Nisha Banu, the opposite member of the Division Bench, had delivered a special verdict, warranting the nomination of the third choose.

Justice Srimathy had relied upon the 1920 civil courtroom judgment and decree whereby the identify of the hillock was talked about as Tirupparankundram. Income data additionally replicate the identical.

Justice Vijayakumar took into consideration two Gazette notifications issued in 1908 and 1923 by the Archaeological Survey of India and noticed that they clearly indicated the presence of Sikandar Badusha Dargah and the identify of the hillock as Tirupparankundram. There was no reference about Tirupparankundram as “Sikandar Malai”.

On animal sacrifice, he held that when one aspect asserts that the follow exists from time immemorial and the opposite aspect denies it, the occasion which asserts existence of such a customary follow has to method a reliable civil courtroom to determine the identical.

Statutory bar

The notifications issued by the ASI declare 172.2 acres of land, overlaying virtually your entire hillock, as a protected monument. As per Rule 8(g) of Historical Monuments and Archaeological Websites and Stays Guidelines 1959, bringing any animal for any objective aside from upkeep of monuments is prohibited. As per Rule 8(c), cooking or consuming of meals can also be prohibited besides the place it’s permitted particularly. Subsequently, as of as we speak, there’s a statutory bar towards the standard follow of animal sacrifice on the hillock, the choose concluded.

As per the 1920 civil courtroom judgment, the standard steps of the hillock resulting in Nellithoppu space belong to the temple Devasthanam, and the Subramaniaswamy Temple and the Kasi Vishwanathar Temple are linked to every. different. Therefore, animal sacrifice, if permitted, clearly impinges upon the non secular follow of 1 group, the choose noticed.

With regard to house for conduct of prayers/gathering at Nellithoppu, Justice Vijayakumar noticed that Mohammedans have been granted declaration of title to an extent of 33 cents within the space.

In such circumstances, if numerous individuals are permitted to supply prayers, the gang is actually more likely to occupy the pathway resulting in the Kasi Vishwanathar Temple and the standard steps main as much as the Nellithoppu space, which has been declared to belong to the temple Devasthanam. Nonetheless, overcrowding can’t be a floor to disclaim the best to supply prayers, offered it doesn’t hinder the pathway for devotees and the standard steps main as much as the Nellithoppu space, the choose stated.

Within the Nellithoppu space, animal sacrifice, cooking, carrying, or serving of non-vegetarian meals can’t be permitted till a choice is rendered by a reliable civil courtroom with regard to the customary follow of animal sacrifice on the hillock. In reality, the temple Devasthanam has been declared to be absolutely the proprietor of the standard footsteps main as much as Nellithoppu space. The Mohammedans have solely the best of utilization over the pathway. In such circumstances, they can not use the pathway for another objective aside from to achieve the Nellithoppu space, the choose added.

The Mohammedans may very well be permitted to supply prayers in Nellithoppu space throughout Ramzan and Bakrid competition days alone, topic to circumstances and that they won’t defile or spoil the standard footsteps, he stated.

Justice Vijayakumar, on this facet, concurred with Justice Banu, who had dismissed the petition that had sought a route to the authorities to not allow the conduct of prayers at Nellithoppu. She had held that the rights of the events have already crystallized.