A significant legal battle over religious rights and land ownership has intensified at the Madras High Court. The Tamil Nadu Wakf Board has asserted that the contentious stone pillar atop the historic Thiruparankundram hill in Madurai district is situated on land that legally belongs to the Sikandar Badusha Dargah.
Wakf Board's Historical Claim in Court
During a crucial hearing on Tuesday, the counsel for the Wakf Board presented this submission before a division bench comprising Justices G Jayachandran and K K Ramakrishnan. The hearing was focused on a series of appeals that challenge a single judge's previous order. That order had directed the management of the Subramaniya Swamy temple to light the traditional Karthigai Deepam at the stone lamp post, known locally as 'Deepathoon', on one of the hill's peaks, in addition to other customary locations.
The Wakf Board's argument hinges on a judicial precedent from the colonial era. The counsel cited a civil suit order from 1920, which contained findings that the flight of stairs leading from Nellithope to the hill belongs to the dargah. Furthermore, the legal representative emphasized that the same historical order established that the summit of the hill and its adjoining areas—which include the precise location of the stone pillar and a mandapam—are Muslim property.
Access and Legal Jurisdiction Debated
In a key point of contention, the counsel stated that access to the stone pillar is primarily through the dargah premises. This raised the complex issue of the right of passage. The Board's lawyer firmly argued that such matters concerning access rights can only be properly adjudicated before a civil court, not in the current proceedings.
Meanwhile, the legal representatives for the Madurai district collector and the police commissioner offered a counter-narrative. They pointed out that in earlier High Court orders from 1996 and 2014, there was no mention whatsoever of the 'Deepathoon' or the specific stone pillar in question. They submitted that there is a lack of concrete evidence to classify the pillar as a traditional lamp post used for Deepam. Strengthening their position, they noted that even in the original petitioner's representation to the temple authorities, the term 'Deepathoon' was conspicuously absent.
Case Adjourned for Further Hearing
The legal arguments from all sides remained inconclusive, and the division bench has adjourned the hearing. The case is scheduled to continue on Wednesday, where the court is expected to delve deeper into the historical documentation and the conflicting claims over this spiritually and legally significant site on Thiruparankundram hill.
This case highlights the intricate layers of history, faith, and law that often define land disputes in India's ancient cultural landscapes. The court's eventual decision will be closely watched, as it could set a significant precedent for similar heritage and religious site management issues in Tamil Nadu and beyond.
