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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

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