7 months ago
2
Justice R. Vijayakumar of the Madurai Bench of Madras High Court, the tie-breaker justice successful the Tirupparankundram hillock lawsuit successful which a Division Bench had delivered a divided verdict, connected Friday concurred with the presumption of Justice S. Srimathy, 1 of the 2 members of the Division Bench, that carnal sacrifice, cooking, carrying, oregon serving non-vegetarian nutrient cannot beryllium permitted connected the hills for now. He held that the restrictions connected carnal slaughter and non-vegetarian nutrient indispensable proceed till a competent civilian tribunal decides the matter. With respect to the sanction of the hillock, the justice held that it should beryllium called ‘Tirupparankundram’.
Justice J. Nisha Banu, the different subordinate of the Division Bench, had delivered a antithetic verdict, warranting the information of the 3rd judge.
Justice Srimathy had relied upon the 1920 civilian tribunal judgement and decree wherein the sanction of the hillock was mentioned arsenic Tirupparankundram. Revenue records excessively bespeak the same.
Justice Vijayakumar took into relationship 2 Gazette notifications issued successful 1908 and 1923 by the Archaeological Survey of India and observed that they intelligibly indicated the beingness of Sikandar Badusha Dargah and the sanction of the hillock arsenic Tirupparankundram. There was nary notation astir Tirupparankundram arsenic “Sikandar Malai”.
On carnal sacrifice, helium held that erstwhile 1 broadside asserts that the signifier exists from clip immemorial and the different broadside denies it, the enactment which asserts beingness of specified a customary signifier has to attack a competent civilian tribunal to found the same.
Statutory bar
The notifications issued by the ASI state 172.2 acres of land, covering astir the full hillock, arsenic a protected monument. As per Rule 8(g) of Ancient Monuments and Archaeological Sites and Remains Rules 1959, bringing immoderate carnal for immoderate intent different than attraction of monuments is prohibited. As per Rule 8(c), cooking oregon consuming of nutrient is besides prohibited but wherever it is permitted specifically. Therefore, arsenic of today, determination is simply a statutory barroom against the accepted signifier of carnal sacrifice connected the hillock, the justice concluded.
As per the 1920 civilian tribunal judgment, the accepted steps of the hillock starring to Nellithoppu country beryllium to the temple Devasthanam, and the Subramaniaswamy Temple and the Kasi Vishwanathar Temple are connected to each other. Hence, carnal sacrifice, if permitted, intelligibly impinges upon the spiritual signifier of 1 community, the justice observed.
With respect to abstraction for behaviour of prayers/gathering astatine Nellithoppu, Justice Vijayakumar observed that Mohammedans person been granted declaration of rubric to an grade of 33 cents successful the area.
In specified circumstances, if a ample fig of radical are permitted to connection prayers, the assemblage is surely apt to inhabit the pathway starring to the Kasi Vishwanathar Temple and the accepted steps starring up to the Nellithoppu area, which has been declared to beryllium to the temple Devasthanam. However, overcrowding cannot beryllium a crushed to contradict the close to connection prayers, provided it does not obstruct the pathway for devotees and the accepted steps starring up to the Nellithoppu area, the justice said.
In the Nellithoppu area, carnal sacrifice, cooking, carrying, oregon serving of non-vegetarian nutrient cannot beryllium permitted till a determination is rendered by a competent civilian tribunal with respect to the customary signifier of carnal sacrifice connected the hillock. In fact, the temple Devasthanam has been declared to beryllium the implicit proprietor of the accepted footsteps starring up to Nellithoppu area. The Mohammedans person lone the close of usage implicit the pathway. In specified circumstances, they cannot usage the pathway for immoderate different intent different than to scope the Nellithoppu area, the justice added.
The Mohammedans could beryllium permitted to connection prayers successful Nellithoppu country during Ramzan and Bakrid festival days alone, taxable to conditions and that they volition not defile oregon spoil the accepted footsteps, helium said.
Justice Vijayakumar, connected this aspect, concurred with Justice Banu, who had dismissed the petition that had sought a absorption to the authorities not to licence the behaviour of prayers astatine Nellithoppu. She had held that the rights of the parties person already crystallised.
