Freedom of expression under Article 19(1)(a) is subject to restrictions for maintaining public peace and communal harmony.

ORDER :

1. This Writ Petition has been filed for direction directing the respondents 1 and 2 herein to permit the petitioner and other members to grant a permission on 18.02.2025 at 4.00 pm to take out procession with Vel from Egambarashwarar Temple via Rasappa Street, Nainiyappa Street, Pethu Street, Thanga salai to reach Sri Muthu Kumarasami Kovil Devasthanam, Rasappa Street, Chennai-600 003 for worship the Sri Muthu Kumarasami Temple situated at Rasappa Street, Chennai-600 003.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The case of the petitioner is that he is a devotee of Lord Murugan and he is holding the post of Deputy District President of Bharath Hindu Munnani. A group of Islamic people are claiming Madurai Thiruparankundram mountain as belonging to them and it is claimed as Sikkanthar mountain. They have been continuously creating problem against Hindu Religion, faith and believe and it is a clear violation of Article 25 of Constitution of India. Further, Thiruparankundram Murugan temple is historic and religious significant and predominant place in Tamil Sangam works. Therefore, the petitioner and his members intended to take out procession to condemn action of other religion by procession with “Divine Spear” (Vel) to reach the temple called Sri Muthu Kumarasami Kovil Devasthanam, Rasappa street, Chennai.

4. The learned counsel for the petitioner would submit that the petitioner submitted a representation, on 29.01.2025 and the same was duly received by the respondents. So far, no order has been passed to permit the petitioner and its members to take out procession to reach their temple on 18.02.2025 at 04.00 pm.

5. A perusal of the synopsis submitted by the respondents and also on the submissions made by Mr.Hasan Muhamed Jinnah, the learned State Public Prosecutor appearing for the respondents revealed that the petitioner submitted a representation to condemn action on the Muslim religion claiming ownership of Madurai Thiruparankundram mountain and also on the issue of animal sacrifice as part of the Kandhuri festival organized by the Dargah.

6. A perusal of records revealed that the ownership of the said Madurai Thiruparankundram mountain has been decided by the Court till the Privy Council. Originally, a suit was filed in O.S.No.4 of 1920, on the file of the I Additional Subordinate Court, Madura by the Madurai Thirupparankundram etc., devasthanam through receiver, claiming the whole hill, with the exception of certain cultivated and assessed lands and site of the mosque, as temple property. The Mohammedan were the defendants. The said suit was decreed by the Judgment and Decree dated 25.08.1923 against the Government claim and in favour of the temple, except in respect of the Nellitope and the actual site of the mosque with its flagstaff and the flight of steps leading up to it, as the property of the Mohammedan.

7. Aggrieved by the same, the Mohammedan filed an appeal with the only grievance that the temple did not make the Secretary of the State as a party. After receiving notice and cross-objections, it was ordered that the hill belong to the Government and dismissed the appeal filed by the Mohammedan and allowed the cross-objections filed by the Secretary of the State, thereby dismissed the suit. It was further held that both Hindus and Mohammedan had established certain rights over the hill, but thought it unnecessary to decide what they were. Aggrieved by the same, an appeal was filed before the Privy Council. The Privy Council, by an order dated 12.05.1931, set aside the order passed by this Court and restored the Judgment and Decree pas