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2024 Supreme(Ker) 450

P. V. KUNHIKRISHNAN
Plantation Corporation Of Kerala Limited – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.RAJESH N.
For the Respondent: SRI.RIYAL DEVASSY, SRI.K.K.SETHUKUMAR

JUDGMENT :

The preamble of the Constitution of India starts with the words, “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC------”. Originally, it was “Socialist Democratic Republic” and it was substituted by the Constitution (Forty-second Amendment) Act, 1976 to “Sovereign Socialist Secular Democratic Republic”. Our constitution gives religious freedom to all citizens. Subject to public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes as per Article 26 of the Constitution of India. That does not mean that the citizen can do anything which may lead to communal disharmony. Nowadays, it is a trend to erect some stones or cross in public places and government land claiming religious importance to that place and thereafter to start worshipping these stones and cross with religious colour. Subsequently, this will lead to temporary constructions and ultimately permanent construction treating it as a religious place. If people start to construct illegal religious structures and building

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