Right to privacy is a fundamental right.

The defendant in O.S.No.5644 of 2007 is the revision petitioner. This Civil Revision Petition is directed against the order of the learned first appellate Judge, the VI Addl. Judge, City Civil Court, Chennai dated 110. 2007 passed in CMP No.1924 of 2007 in C.M.A.No.104 of 2007 filed by the respondent in C.R.P., granting an order of interim injunction till 210. 2007 against the revision petitioner from telecasting the tele-serial either in the name of "Maveeran Veerappan" or "Santhana Kadu" including its advertisement and trial version of tele-serial about the petitioners husband Veerappan in any form.

2. This Revision is filed under Article 227 of the Constitution of India. The respondent has filed the suit for permanent injunction restraining the revision petitioner from publishing, broadcasting telecasting the serial "MAVEERAN VEERAPPAN" and projecting the name, identity and interpretation of M.Veerappan in any form and in any name which relates to M.Veerappan or his life history and events without the plaintiffs written consent. The suit has been laid on the basis that such telecast about the husband of the plaintiff will spoil the identity of her husband Veerappan and also will damage the plaintiffs present life and her children studies in future. It is also her claim that such publication would amount to violation of right to privacy, which is available to her, being the wife of the deceased husband. The defendant in the suit, who is the revision petitioner, has in fact filed the written statement taking the stand that there is no question of privacy inasmuch as every body know about the life and story of the said deceased Veerappan and therefore it is a matter of public domain. In such circumstances, the privacy concept will not arise. It is also the defence of the defendant that the episode, which relates to the life of Veerappan will only receive an understanding and sympathy from public and the intention is not to humiliate either the deceased person or his wife and children. It is also their defence that for the past two and half decades the people of the State were informed and knew about Veerappan and his activities and it is not as if by the telecast, people will come to know for the first time about him.

3. Pending the suit, the plaintiff filed I.A.No.14951 of 2007 praying for an order of interim injunction. It is stated that pending suit, there has been an ad interim injunction. Ultimately the injunction application was heard by the learned Trial Judge and by elaborately discussing the entire arguments advanced by both sides, the learned Trial Judge has dismissed the injunction application, however stating that "the respondent (revision petitioner herein) is hereby ordered that the petitioner and her daughters should not be suffered to any social stigma, by broadcasting the tele-serial Santhana Kaadu". While dismissing the said application, the Trial Judge has held as follows:

"As such the claim of the petitioner cannot be entertained as the claim itself is not maintainable as the respondent can have the broadcast of the telecast serial "Santhana Kaadu" as it would not infringe or cause any stigma to the petitioner and her daughters. That the respondent could take all precautions that it is not making or causing any social stigma on the petitioner and her daughters. Hence, in the result, that the petition be the same stands dismissed and it is devoid of merits with the observations made in the order".

.4. It was as against the said considered order, the plaintiff has filed an appeal in C.M.A.No.104 of 2007, which is pending on the file of the VI Additional Judge, City Civil Court, Madras. Pending the appeal, the plaintiff has moved C.M.P.No.1924 of 2007 praying for an interim injunction as prayed for in the Trial Court. It was in that application, the first appellate Judge has granted the following order:

."In the trial court exparte injunction granted from the date of filing petition to dispose o