New Delhi: Describing it as a “balanced order”, the Supreme Court Monday upheld the Madras High Court decision which ruled that Muslims had no right to conduct prayers, except during Ramzan and Bakri Eid at the Nellithoppu area atop the Thiruparankundram hills in Madurai District in Tamil Nadu.
This area came under intense scrutiny following the Madras High Court’s December order that allowed lighting of a lamp at a deepam near the dargah. The HC had pulled up the state in contempt proceedings after the state showed reluctance to execute the order, citing law and order problems.
Thirty-three percent of the Nellithoppu area is owned by the Sikkandar Badhusha Avuliya Dargah. The hilltop houses the Arulmighu Subramaniaswamy Thirukovil temple as well.
The petition before the top court challenged the October 2025 order of the Madras HC, which had also ruled that animal sacrifice cannot be permitted in the area.
This verdict was challenged by one M. Imam Hussain. His lawyer Prashant Bhushan claimed there has never been a law and order problem in the area, as he objected to the restrictions on Muslims for offering prayers at the dargah.
“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… belongs to Mohamaddens, they have restricted prayers… Other conditions can be there, we maintain law and order, but there has never been a law and order problem,” he argued.
“It seems to be a very, very balanced order,” a bench of justices Aravind Kumar and P. B. Varale told Bhushan.
In its order, the bench noted: “We do not propose to interfere with the order. Without expressing any opinion on rights of the parties, the impugned order stands upheld.”
The current dispute is with respect to the location of the places of worship on Thiryparakundram Hills.
A two-judge bench in June 2025 delivered a split verdict. While Justice Nisha Banu refused to interfere with the animal sacrifice practice, Justice S. Srimathy offered a divergent view, as she asked the dargah to move a civil court to establish its right to practise the Kandoori animal sacrifice and prayers during Ramzan, Bakri Eid and other Islamic festivals. Justice Srimathy also observed that the practice of offering namaz at the Nellithoopu is a recent one and that a large congregation for such prayers would obstruct the pathway leading to the temple and the deepam.
The split verdict led to a reference to the third judge, who on 10 October 2025, held that Muslim devotees have limited rights to offer namaz only on Ramzan and Bakri Eid. However, no animal sacrifice, cooking or carrying or serving of non-vegetarian food was permitted until a competent civil court decided on the customary practice of animal sacrifice at the hillock.
(Edited by Viny Mishra)
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