Allowed

O.S.Manian v. Naveena Netrikkan, Tamil Weekly Magazine, Rep.by its Proprietor Editor and Publisher a.S.Mani

Madras HC11 Apr 2019OA/101/2019

Case brief

AI extract

What is this about?

In an original application for interim injunction, the Madras High Court restrained a weekly magazine from publishing defamatory material regarding the applicants and their daughters. The court relied on a cited deceased-person case to order a notice-based procedure for future publications.

What did the court decide?

Interim injunction restraining publication of defamatory articles; direction to send proposed articles for review if claiming public interest.

O.S.Manian Vs Naveena Netrikkan, Tamil… — Constitutional and Fundamental Rights | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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THURSDAY, THE 11th DAY OF APRIL 2019

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THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

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O.A.No. 101 of 2019

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in C.S.No.100 of 2019

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O.S.Manian (M/64) S/o. Somuthevar Presently residing at NB36, Pothigai Valagam, Greenways Road, Chennai 600 028.

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Permanently residing at: No.5/54, Kaarai Vaikkaal Nallar Road, Oradiyampulam Thalanayar III Sethi, Vedaranyam Taluk, Nagapattinam District Nagapattinam 614 712. : Applicants/Plaintiffs Vs

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Naveena Netrikkan Tamil Weekly Magazine Rep.by its Proprietor, Editor & Publisher A.S.Mani, Having office at No.91, Vaigundapuram, 1st Street, Nungambakkam, Chennai 600 034. : Respondent/Defendant

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Original application praying that this Hon'ble Court

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be pleased to pass an order of ad-interim injunction restraining the respondent/defendant, his men, agents and representatives from in any manner, publishing any further defamatory articles, statements, photos or caricature imputing the character or insinuating the reputation or linking the name of the applicant/plaintiff and his daughters Mrs.M.Bharathy and Dr.M.Vasuki with any person or defaming the name of the applicant and his daughters Mrs.M.Bharathy and Dr.M.Vasuki in any manner. https://hcservices.ecourts.gov.in/hcservices/

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This Original Application coming on this day before this court for hearing, the Court made the following order:-

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This application has been filed by the plaintiff in the suit seeking interim injunction restraining the respondent/defendant from publishing any further defamatory articles, statements, photos or caricature imputing the character or insinuating the reputation or linking the name

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of the applicant/plaintiff and his daughters, Mrs.M.Bharathy and Dr.M.Vasuki with any personor defaming the name of the applicant and his daughters.

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Heard Mr.S.Kumara Devan, learned counsel appearing

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for the applicant and Mr.Amilthu, learned counsel appearing for the respondent.

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Karunanidhi Vs. P.Varadarajan reported in 2018 3 LW Page

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74. Both the counsels would submit that this application

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can also disposed of with the similar directions as found in Kanimozhi's case (Supra). Hence, this application is disposed of with the following directions :

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anything regarding the private life of the

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applicants, viz., their family, their marriage,

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procreation, motherhood, child-bearing and

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https://hcservices.ecourts.gov.in/hcservices/ education, without the consent of the applicants.

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(ii) Whenever, the respondents propose to publish any article relating to the private life of the applicants, claiming that it is in public interest, the respondents shall forward their queries/gist or the full article to the applicants to their E-mail ID (to be furnished) and await for her response. If any response is received within 48 hours, the response shall also be published with the same prominence of the article. If no response is received within the 48 hours, the respondents will be at liberty to go ahead and published the article.” Sd./-R.S.M.J 11.04.2019 //Certified to be true copy// Dated at Madras this the day of 2019.

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JJ 01/07/2019

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COURT OFFICER(O.S.)

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From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

O.S.Manian v. Naveena Netrikkan, Tamil Weekly Magazine, Rep.by its Proprietor Editor and Publisher a.S.Mani

Case brief

What is this about?

What did the court decide?

O.S.Manian v. Naveena Netrikkan, Tamil Weekly Magazine, Rep.by its Proprietor Editor and Publisher a.S.Mani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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