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2001 Supreme(Mad) 328

K.GOVINDARAJAN, K.RAVIRAJA PANDIAN
Tamil Nadu Outdoor Advertising Association – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocates Appeared:
Mr.Shanthi Bhushan, Senior Counsel, for Mr.B.S.Gnanadesikan; Mr.T.Mohan; Mr.K.Alagiriswamy, Senior Counsel, for Mr.S.Thankasivam, Counsel for Petitioners, W.PS.11453 of 1998,18928 of 1999, 16631 of 2000, 14397 of 1999, 14404 of 1999 and 18929 of 1999; Mr.M.Venkatachalapathy, Senior Counsel, for M/s.G.Krishnamoorthy & K.Rajendran in W.P.Nos.9057, 9058, 9128 of 1998, 676 of 1999, 1024, 1025 and 18059 of 1999. Mr.K.Subramanian, Senior Counsel, for Mr.R.Rabu Manohar, in W.P.No. 901, 908, 909, 937, 938 and 947 of 2001and Mr.S.Kanniah, Counsel for Petitioners, in W.P.No.11357 of 1993. Mr.A.L.Somayaji, Senior Counsel, for Mr.K.R.Thamizhmani, Special Government Pleader Counsel for Respondents in all W.Ps. Mr.N.R.Chandran, Senior Counsel, assisted by Mr.R.Natarajan, for Mr.T.Chandrasekaran, Counsel for Chennai Corporation and Mr.K.R.Thamizhmani, Counsel for Tirunelveli Corporation.

54. Ultimately, the Apex Court, in the abovesaid decision has not expressed about the right of a citizen to publish private broadcasting station or television centre and it was reserved to an appropriate case.

55. In the decision in Rangarajan v. Jagajivanram , 1989 (2) SCC 574, the Hon’ble judges of the Apex Court has dealt with the scope of freedom of speech under Article 19(1)(a) of the Constitution of India, and it was held that it means the right to express one’s opinion by words of mouth, writing, printing, picture or any other manner. It would thus include the freedom of communication and the right to propagate or public opinion, the communication. But this right is subject to reasonable expression in the larger interest of the community and the count ry as set out under Article 19(2) of the Constitution.

56. Though these restrictions are intended to strike appropriate balance between liberty guaranteed and the social interest specified in Article l9(2) of the Constitution, relying on U.S. decisions in Mutual Film Corporation v. Industrial Commission , 1914 (238) U.S. 230 etc., the Hon’ble Supreme Court has held that Court cannot balance the two interests as if they are of
























































































































































































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