A.No.1009 of 2023 in C.S.No.189 of 2022

A.No.1009 of 2023 has been filed to vacate the order dated 08.09.2022 passed in O.A.No.588 of 2022.

2.Heard Mr.Karthick Seshadri, learned counsel appearing for Ms.Elizabeth Seshadri, learned counsel for the applicant and Mr.V.Raghavachari, learned Senior Counsel appearing for Mr.K.Surender, learned counsel for the respondent.

3.Mr.Karthick Seshadri, learned counsel for the applicant would submit that the applicant is a journalist and political commentator who writes and speaks profusely on issues of corruption, politics and governance. Being a commentator and a journalist, the applicant had noticed the growth of the respondentt's real estate business which was extraordinary from mid of 2021.

4.He would submit that the applicant had worked in the Department of Vigilance and Anti-corruption, and in the past had exposed many scams and brought to light many matters of public interest, which were kept hidden from the public by those in power. So the applicant has sources and networks to cross-check all information with different persons on the field whereever necessary, and only then he comments on such matters. It is further submitted that he runs a blog called “Savukku Online” and gives interviews to journalists. These interviews are often in Question & Answer format where the applicant is questioned on his views. The journalist asks the opposing questions and provides the counter-view, and the applicant defends his statements based on critical analysis and with deductive logic and reasoning.

5.He would also submit that many times his criticism has led to the Government taking corrective steps, which brings satisfaction and purpose to the applicant's work. It is stated that the respondent's company being a part of a network of about 48 companies, had a sudden growth from mid 2021, this is the reason for the applicant's attention towards the respondent's company. The applicant being a political commentator gathered information from different sources to get to what exactly is happening. Some of the matters required some investigative exercise., and through these ways many scams have come into light.

All these are essential for a free society.

6.He would further submit that the video dated 24.05.2022 posted in the Youtube Channel 'Tamil Mint', it was the interviewer who posed questions and also asked the applicant as to why he has not instituted a suit against the respondent after raising doubts in their activities. For which the applicant replied he has suspicion about the activities of the respondent company as to how it is possible for a man selling colour TVs could get this kind of growth. Further he adds that it was the CEO of the respondent's company who told in an interview to Times Group Newspaper that their company had achieved Rs.2000 crores in 8 months, and their next year's target is Rs.4000 crores. He would also submit that the respondent's company has close association with Annanagar Karthik and the same can be seen from the company group's public record.

7.Learned counsel for the applicant would submit that from the annual report of the Auditors statement, it shows that the respondent's company has granted loans which are controversial to the provision of Section 185 and 186 of the Companies Act. The RERA website shows that G Square has no projects from 2017 to 2020. The public records show that the Annanagar karthik and G Square Bala @ Ramajayam are doing business together. All the statements which are made by the applicant are not defamatory but verified contents with records available in public domain, and all were questions based on mere logic and analysis.

8.He would submit that the video posted on 24.08.2022 on the Youtube channel 'SDC World' the applicant had talked about the opposition leader and it was he who had stated, that one big organization (without naming the respondent) had purchased lands in k