2023 Supreme(Online)(Mad) 102530
MADRAS HIGH COURT
DR.C.VIJAYABASKAR – Appellant
Versus
R.SHARMILA – Respondent
CS 158 2022
C.S.No.158 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.158 of 2022
Dr.C.Vijayabaskar
..
Plaintiff
Vs.
R.Sharmila
..
Defendant
PRAYER: Plaint filed under Order VII Rule 1 of the CPC., r/w. Order IV
Rule 1 of the High Court Original Side Rules praying for the judgment
and decree against the defendant as follows:
(i)Pass a judgment and decree directing the defendant to
pay a sum of Rs.10,00,00,000/- (Rupees Ten Crores only) as
compensation to the plaintiff towards loss of reputation/personal
injury, mental anguish, emotional distress, for the continuous
defamatory statements made by the defendant to the print, electronic
media and journals;
(ii)To grant a judgment and decree of permanent injunction
restraining the defendant or anyone acting through or under her from
writing/publishing any defamatory allegations and slanderous material
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C.S.No.158 of 2022
about the plaintiff and his family in newsprint, electronic or any other
media in any manner whatsoever;
(iii)To grant an order of mandatory injunction directing the
defendant to publish an unconditional apology in prominent
newspapers, social media and electronic platforms; and
(iv)Direct the defendant to pay the costs of the suit to the
plaintiff.
For Plaintiff
:
Mr.Nithyaesh Natraj
for Mr.Vaibhav R Venkatesh
& Mr.Anirudh A Sriram
For Defendant
:
Set Ex-parte
J U D G M E N T
This suit has been filed by the plaintiff before this Court for a
direction to the defendant to pay a sum of Rs.10,00,00,000/- (Rupees
Ten Crores only) as compensation to him towards loss of
reputation/personal injury, mental anguish, emotional distress, for the
continuous defamatory statements made by the defendant to the print,
electronic media and journals; further to grant permanent injunction
restraining the defendant or anyone acting through or under her from
writing/publishing any defamatory allegations and slanderous material
about the plaintiff and his family in newsprint, electronic or any other
media in any manner whatsoever and also to grant an order of
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C.S.No.158 of 2022
mandatory injunction directing the defendant to publish an
unconditional apology in prominent newspapers, social media and
electronic platforms and to pay the costs of the suit.
2. Heard Mr.Nithyaesh Natraj, learned counsel for the plaintiff.
3. The brief facts of the case is as follows:
The plaintiff herein was elected as a Member of the Tamil Nadu
State Legislative Assembly and appointed as Health Minister. He
primarily focused on education and health facilities. The plaintiff has
made huge development in the health sector and gained reputation in
the eye of public in his tenure as a Health Minister. He was
instrumental for the State of Tamil Nadu for receiving various awards
from the Central and State Governments. When the matter stood as
such, the defendant, who is no way connected with the plaintiff has
started giving false complaints from the year 2020 and such
complaints were made on 26.08.2020 and 03.11.2021, by way of false
allegations in the press release and starting giving false interviews
from the year 2020 and the same continued till 2021. Besides, she
has also lodged a complaint on 03.11.2021 to the Deputy Inspector
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C.S.No.158 of 2022
General, Tirunelveli by making derogatory allegations against the
plaintiff. In fact, she has also made a statement to that effect that she
know the plaintiff from the year 2013 and there were business
transactions between them and the plaintiff owes a sum of Rs.14
Crores to her. Further, she stated that the plaintiff's wife also
borrowed jewelleries worth about Rs.14 Crores. Similar allegations
h