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Andhra Pradesh High Court
T.N.Seshan, Chief Election Applicants Commissioner, New Delhi - Appellant
Versus
M.Karunanidhi, President of Dravida Munnetra Kazhagam Party, Madras - Respondent
A.Nos.201/95 etc.
Decided On : 08-22-95
Advocates Appeared :
M/s. C.P. Sarathy, Smt. Jayasree Sarathy, Mr. Parasaran, Mr. S. Satyanarayana Prasad, Mr. K.V. Venkatapathi, Mr. P. Srinivas, Mr. K. Pratap Reddy, Mr. A. Gopal Reddy, Mr. C.P. Sarathy, Smt. Jayasree Sarathy
HELD: Publication of defamatory rnatt8r is communicated the moment the same is received some person other than the person for whom it has been written, Publication of defamatory matter includes communication to third party, Defamatory matter printed in books and distributed for whatever purpose constitutes publication All the three defendants must have known that the aforesaid books and particularly the contents of chapters 9 and 10 may be read atleast by the book sellers immediately on their receipt by them because of their curiosity. In the ordinary course of business the sending of books containing defamatory matter by post or otherwise from the place where it is published to book distributor of another place is publication of that matter at latter place, particularly, when it is read by them and or others. Under these circumstances, it can be safely presumed that the importance of the aforesaid book containing chapters 9 and 10 would have aroused the curiosity of atleast the bookseller to go through it immediately on its receipt and, therefore, this type of communication amounts to publication at Madras.
In the case in hand, as a part of cause of action appears to have arisen within the jur1sdiction of the High Court of judicature at Madras because not only it can presumed that at east the book distributors would have read the said book including the said chapters 9 and 10 but the excerpts were also published in newspapers giving rise to cause of action and which items has been alleged to be defamatory of the concerned Ex-Chief Ministers.
Even it is assumed for the sake of argument that the Madras High Court had no territorial jurisdiction to try the aforementioned suits, all the aforementioned Suits have been transferred for trial and disposal to this Court finding it necessary having regard to the t1mB which a suit on the original side of the High Courts of Delhi and Bombay take for disposal as also not expressing anything on the question of jurisdiction of the Madras High Court.
The order of transfer by the Supreme Court is a judicial order and is binding under Article 142 of the Constitution of India Under these circumstances, in pursuance of the order of the Supreme Court all the aforementioned suits are to be tried and disposed of expeditiously, by this Court
( 1 ) THIS order shall also govern the disposal of Application No. 202 of 1995 in c. S. No. 2 of 1995. Application No. 203 of 1995 in C. S. No. 3 of 1995 and application No. 204 of 1995 in C. S. No. 4 of 1995 for revoking the leave granted to sue the defendants as also the Application No. 48 of 1995 in unregistered suit c. S. (SR) No. 5319 of 1995 for grant of leave to sue the defendants because of commonality of questions of law and similarity of facts.
( 2 ) IT is a matter of record that Dr. M. Karunanidhi for himself and as the president of Dravida Munnetra Kazhagam Party (for short dmk Party ) filed suit C. S. No.-1519 of 1994 against Sri T. N. Seshan, Sri K. Govindan Kutty and konark Publishers in the High Court of Judicature at Madras, having ordinary original jurisdiction, for permanent injunction restraining them from publishing, releasing, circulating, selling, marketing and distributing the book titled as "seshan- an Intimate Story", after obtaining leave of the Court to sue them, on transfer of this suit by the Supreme Court of India, it has been registered as C. S. No. l of 1995 in this Court.
( 3 ) SUIT of similar nature, after obtaining permission to sue, has been filed by sri V. Gopalswamy, General Secretary, Marumalarchi Dravida Munnetra kazhagam Party (for short mdmk Party ) against the said three persons for similar relief. This suit was registered as C. S. No. 1528 of 1994 in the High Court of Judicature at Madras and on transfer to this Court it was registered as c. S. No. 2 of 1995.
( 4 ) SUIT of similar nature for similar relief, after obtaining leave of the Court, was also filed by Smt. Rani Annadurai and three others against the said three defendants. This suit was registered as C. S. No. 1539 of 1994 in the High Court of Judicature at Madras and on transfer to this Court it was registered as c. S. No. 3 of 1995.
( 5 ) ALL India Anna Dravida Munnetra Kazhagam (for short aiadmk ) through its General Secretary also filed a suit of similar nature for similar relief against the aforesaid three defendants, after obtaining leave from the Court. This suit was registered as C. S. No. 1635 of 1994 and on transfer to this Court it is registered as C. S. No. 4 of 1995.
( 6 ) THIS suit has been filed on the ground that the book titled as "seshan - an intimate Story" contained Chapter No. 10 under the caption "an Affair with mgr" and contained defamatory allegations against him. While the aforementioned three suits had been filed on the allegation that Chapter No. 9 of the said book-"seshan- an Intimate Story" under the caption "report on a "bully" contained references to Sri C. N. Annadurai by connecting him with the c. I. A.
( 7 ) AIADMK through its General Secretary also filed another suit against sri K. Govindan Kutty and Sri T. N. Seshan for similar relief on the allegation that the aforesaid book - "seshan-an Intimate Story" contained passages with reference to late Sri C. N. Annadurai by connecting him with the C. I. A. Along with the plaint she filed an application for permission to sue the aforesaid two defendants. This has also been transferred by the Supreme Court to this Court from the High Court of Judicature at Madras and it is registered as C. S. (SR) no. 5319 of 1995.
( 8 ) THE facts which are no longer in dispute before me, in short, are that Sri t. N. Seshan narrated his experiences to Sri K. Govindan Kutty and on the basis of the narration of events by Sri T. N. Seshan to Sri K. Govindan Kutty, he wrote the book titled as "seshan- an Intimate Story" which purports to be a biography of the life of Sri T. N. Seshan. This book was printed and published by Konark publishers Private Limited and the copies of the book were sold to distributors and others on or about 12th October, 1994. However, prior to that date, excerpts of the said book appeared in the newspapers and magazines in circulation all over India including the State of Tamil Nadu. Copies of the said book were also sen
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