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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
S. Yuvaraj – Appellant
Versus
Commissioner of Police, E.V.K. Sampath Salai – Respondent
| Table of Content |
|---|
| 1. petitioner's representation and claims (Para 4 , 5 , 7 , 8 , 9) |
| 2. historical context of the dispute (Para 6) |
| 3. resolution to maintain harmony (Para 10) |
| 4. concerns over public peace (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. balance between rights and public order (Para 17 , 18) |
| 6. writ petition dismissed (Para 19 , 20) |
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
Freedom of expression under Article 19(1)(a) is subject to restrictions for maintaining public peace and communal harmony.
The right to freedom of speech is fundamental but subject to reasonable restrictions to ensure public order, especially in contexts of communal tension.
Court permitted devotional singing in temple shrine without slogans, balancing religious expression and public order.
Frivolous repetitive public interest litigations warrant dismissal and exemplary costs.
Civil court decree mandating joint temple management committee prevails over informal police compromises.
Pending temple administration disputes preclude granting festival management rights; participation remains open to all claimants without prejudice to final adjudication.
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