No animal sacrifice in Tirupparankundram for now: third decide

Justice R. Vijayakumar of the Madurai Bench of Madras High Court, the tie-breaker decide 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 until a reliable civil court docket decides the matter. With regard to the title of the hillock, the decide 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 decide.

Justice Srimathy had relied upon the 1920 civil court docket judgment and decree whereby the title of the hillock was talked about as Tirupparankundram. Revenue data too mirror the identical.

Justice Vijayakumar took under 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 title of the hillock as Tirupparankundram. There was no reference about Tirupparankundram as “Sikandar Malai”.

On animal sacrifice, he held that when one facet asserts that the apply exists from time immemorial and the opposite facet denies it, the get together which asserts existence of such a customary apply has to method a reliable civil court docket to ascertain 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 Ancient Monuments and Archaeological Sites and Remains Rules 1959, bringing any animal for any function apart from upkeep of monuments is prohibited. As per Rule 8(c), cooking or consuming of meals can be prohibited besides the place it’s permitted particularly. Therefore, as of in the present day, there’s a statutory bar in opposition to the normal apply of animal sacrifice on the hillock, the decide concluded.

As per the 1920 civil court docket judgment, the normal steps of the hillock resulting in Nellithoppu space belong to the temple Devasthanam, and the Subramaniaswamy Temple and the Kasi Vishwanathar Temple are related to one another. Hence, animal sacrifice, if permitted, clearly impinges upon the non secular apply of 1 group, the decide 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 group is definitely prone to occupy the pathway resulting in the Kasi Vishwanathar Temple and the normal steps main as much as the Nellithoppu space, which has been declared to belong to the temple Devasthanam. However, overcrowding can’t be a floor to disclaim the best to supply prayers, offered it doesn’t hinder the pathway for devotees and the normal steps main as much as the Nellithoppu space, the decide stated.

In the Nellithoppu space, animal sacrifice, cooking, carrying, or serving of non-vegetarian meals can’t be permitted until a call is rendered by a reliable civil court docket with regard to the customary apply of animal sacrifice on the hillock. In reality, the temple Devasthanam has been declared to be absolutely the proprietor of the normal footsteps main as much as Nellithoppu space. The Mohammedans have solely the best of utilization over the pathway. In such circumstances, they can’t use the pathway for some other function apart from to achieve the Nellithoppu space, the decide added.

The Mohammedans might be permitted to supply prayers in Nellithoppu space throughout Ramzan and Bakrid pageant days alone, topic to situations and that they won’t defile or spoil the normal footsteps, he stated.

Justice Vijayakumar, on this side, 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 crystallised.