Tirupparankundram Temple vs. Dargah Land Dispute – A Legal & Historical Analysis

Tirupparankundram has been a key topic in Tamil Nadu news recently. Located in Madurai district, it is home to the Subramanya Swamy Temple. The hill also houses the Kasi Viswanathar Temple on one side and the Sultan Sikandar Badusha Auliya Dargah on the other.

The dispute surrounding the temple and dargah is not new. Legal battles over ownership have been ongoing for over a century, with several court rulings issued. One of the most significant rulings came from the Privy Council in London in 1931.

The Privy Council and Its Role
The Indian High Courts Act of 1861 instituted superior courts in Kolkata, Mumbai, and Chennai. Appeals from these courts could be taken to the Privy Council in London. Later, the Government of India Act of 1935 created the Federal Court of India, which handled appeals but still allowed cases to be presented before the Privy Council.

After India's independence, the Abolition of Privy Council Jurisdiction Act 1949 ended its role, making the Supreme Court of India the final appellate authority from January 26, 1950. However, several Privy Council rulings still hold relevance in Indian legal proceedings.

The 1930 Tirupparankundram Case
One such significant case was P.C. Appeal No. 5/1930, which dealt with the ownership of Tirupparankundram Hill.

Ownership Dispute
The dispute began in 1920 when the Tirupparankundram Devasthanam filed a case in the Madurai District Court, claiming that the entire hill, except for certain cultivated lands and the dargah, belonged to the temple.

However, Muslim petitioners argued that the dargah area and a part of the main hill, known as Nellithopu, belonged to them. Meanwhile, the British government claimed that unoccupied areas of the hill were government property.

In 1923, the Madurai District Court ruled in favor of the temple, affirming its ownership of most of the hill while granting the dargah, its flagpole, and access steps to the Muslim community.

Though the government did not challenge this ruling, the Muslim community filed an appeal in 1926 at the Madras High Court, which ruled in favor of the government. This decision was surprising, as the government had only reluctantly joined the appeal process.

The Privy Council Verdict
Dissatisfied with the Madras High Court's ruling, the Tirupparankundram Devasthanam appealed to the Privy Council in 1930. The Privy Council overturned the Madras High Court ruling and upheld the original Madurai District Court's decision in favor of the temple.

The ruling, delivered on May 12, 1931, confirmed:

Nellithopu, the dargah, its flagpole, and access steps belonged to the Muslim community.
The rest of the hill, including the temple and its surrounding areas, belonged to the Tirupparankundram Devasthanam.
The judgment emphasized the historical and religious importance of the site and cited records from the Archaeological Survey of India, which noted that the entire hill was worshipped as a "lingam" by Hindus.

Conclusion
The case remains a landmark ruling in India's legal history, shaping discussions on temple and dargah ownership. Despite past legal clarifications, disputes over Tirupparankundram continue to resurface, reflecting its deep religious and historical significance.