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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

MONDAY THE 28th DAY OF MARCH 2022

THE HON'BLE MR. JUSTICE P.VELMURUGAN

C.S. No.100 of 2019

O.S.Manian (M/64)

S/o. Somuthevar

Presently residing at

NB36, Pothigai Valagam,

Greenways Road, Chennai 600 028.

Permanently residing at:

No.5/54, Kaarai Vaikkaal Nallar Road,

Oradiyampulam

Thalanayar III Sethi, Vedaranyam Taluk,

Nagapattinam District

Nagapattinam 614 712.

: Plaintiffs

Vs

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.

: Defendant

Civil Suit praying that this Hon'ble Court be pleased to pass a judgment

and decree in his favour and against the defendant:-

a) Directing the Defendant herein to pay the plaintiff a sum of

Rs.1,10,00,000/- towards compensatory damages suffered by the Plaintiff

due to the highly immoral, unethical, scandalous, malicious and defamatory

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statements as against the plaintiff and his family members in Defendant's

magazine and posters by the defendant in the editions dated 31.08.2018,

09.09.2018 and 01.02.2019 published on 24.08.2018, 31.08.2018 and

25.01.2019;

b) Grant a Permanent Injunction restraining the defendant, his men,

agents and representatives from in any manner publishing in any of issues

of the magazines, or in any press, media, posters, etc., making defamatory

articles/statements as against the plaintiff;

c) Direct the defendant to pay the entire costs of the above suit.

This Suit having been heard on 17.03.2022 in the presence of

Mr.S.Kumara Devan, Advocate for the plaintiff herein and the defendant

herein not appeared in person or by advocate and the said defendant herein

having been set exparte and upon reading the plaint filed herein and upon

perusing the evidence adduced therein and the other exhibits therein

referred to and having stood over for consideration till this date and coming

on this date before this Court for orders in the presence of the said advocate

and this court having opined that the Court cannot mechanically issue mere

direction and this Court finds that as the defendant has tendered

unconditional apology in Application No.7905 of 2019, and the same was

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closed, Plaintiff is not entitled to claim the compensation and it is settled

proposition of law that even though the defendant has not filed written

statement and he has not come to the box and also has not cross examined

the Plaintiff, as the Plaintiff has to prove his case, he cannot take advantage

of the loophole left by the defendant stating that family members and

relatives enquired about the articles, since he has not established through

any of the witnesses that the statement of articles published in the magazine

is false, and therefore, the Plaintiff is not entitled to get the relief as sought

for, and

it is ordered as follows:-

That the suit in C.S.No.100 of 2019, be and is hereby dismissed.

2. That there shall be no costs of this suit.

WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH

BHANDARI CHIEF JUSTICE, HIGH COURT AT MADRAS

AFORESAID, THIS THE 28th DAY OF MARCH 2022.

Sd./-

ASSISTANT REGISTRAR (O.S-I)

//Certified to be true copy//

Dated at Madras this the day of 2022.

COURT OFFICER(O.S.)

From 25th Day of September 2008 the Registry is issuing certified copies

of the Orders/Judgments/Decrees in this format.

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KY

18.04.2022

C.S. No.100 of 2019

ORDER

DATED : 28.03.2022

THE HON'BLE MR. JUSTICE

P.VELMURUGAN

FOR APPROVAL: 21.04.2022

APPROVED ON: 21.04.2022

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