← Library
Madras High CourtCS/583/1996dismissed as infructuous

K.R. Radhakrishnan v. Avm Murugan And Co.

2022-04-01Honourable Mrs Justice V.Bhavani Subbaroyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 1ST DAY OF APRIL 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No.583 of 1996 In the matter of Copyright Act XIV of and In the matter of Tamil Talkie Pictures, Kulebagavali, Pudumai Pithan, Periya Yidathu Pen Paasam, Panakkara Kudumbam, Goondu Kili, Kaathavarayan, Panam Padaithavan And Parakum Pavai 1.K.R.Radhakrishnan (Since deceased) represented by his legal representatives *2.Mrs.K.R.Rajeswari *3.K.R.Shanthi *4.K.R.Raja *5.K.R.Chandru *6.K.R.Ravi Plaintiffs 2 to 6 residing at No.1, G.B.Towers, Puzhuthivakkam Main Road, Puzhuthivakkam, Chennai- 600 091 (*LRs of Plaintiff brought on record as per order dated 7/3/2002 in Appln No.2723 of 2001) ..Plaintiff

versus **1.AVM Murugan & Co carrying on business at No.38, Arcot Road, Vadapalani, Madras 600 026 2.National Film Development Corporation having their office at No.3, Fourth Street, Nungambakkam High Road, Madras - 600 034 (**Amended as per order dated 18/7/07 passed in Appln.No.5014 of 2007) ... Defendants Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendants:

i)declaring that the plaintiff alone is the owner of copyright to telecast and the World Satellite Television rights including Doordarshan for the whole of India of the Tamil talkie pictures, viz., (1)Kulebagavali (2)Pudumai Pithan (3)Periya Yidathu Pen (4)Paasam (5)Panakkara Kudumbam (6)Goondu Kili (7)Kaathavarayan (8)Panam Padaithavan (9)Parakum Pavai;

ii)for a permanent injunction restraining the first defendant, their men, agents, servants, and all those persons claiming under them and/or authorised by them from interfering in any manner with the plaintiff's right

to telecast and the World Television rights including Doordarshan for whole of India, the Tamil talkie pictures titled (1)Kulebagavali (2)Pudumai Pithan (3)Periya Yidathu Pen (4)Paasam (5)Panakkara Kudumbam (6)Goondu Kili (7)Kaathavarayan (8)Panam Padaithavan (9)Parakum Pavai in Doordarshan and World Satellite Television;

iii)for a mandatory injunction restraining the second defendant from paying the royalty amount for the Tamil talkie picture titled PARAKKUM PAVAI to the first defendant for the telecast of the said picture in Doordarshan on 14.01.1996;

iv)directing the defendants jointly and severally to pay to the plaintiff the costs of the suit;

This civil suit coming on this day before this Court for hearing in the presence of Mr.V.Manohar, Advocate for the plaintiffs herein and Mr.K.V.Prakash, Advocate for the 1st defendant herein and Mr.Anand Das Gupta and Sagar, Advocate for the 2nd defendant herein and upon reading the plaint filed herein and the learned counsel appearing for the plaintiffs having submitted that the relief sought for in this Civil Suit has become infructuous and this Court having observed that nothing survives for further

adjudication in this Civil Suit, it is ordered as follows:- That the suit in C.S.No.583 of 1996 be and is hereby dismissed as having become infructuous.

2. That there shall be no costs of this Court. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 1ST DAY OF APRIL 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.

DL 28.04.2022 C.S.No.583 of 1996

ORDER

DATED : 01.04.2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN FOR APPROVAL : 30.04.2022 APPROVED ON : 10.05.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.04.2022

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.S.No. 583 of 1996

1. K.R.Radhakrishnan (deceased) Represented by his legal representatives

2. Mrs.K.R.Rajeswari

3. K.R. Shanthi

4. K.R. Raja

5. K.R. Chandru

6. K.R. Ravi [L.Rs of plaintiff brought on record as per order dated 07.03.2002 in A.No.2723 of 2001 ... Plaintiffs

Versus

1. AVM Murugan and Co., (Amended as per order dated 18.07.2007 passed in A.No.5014 of 2007)

2. National Film Development Corporation, No.3, Fourth Street, Nungambakkam High Road, Chennai - 600 034.

... Defendants Prayer:

(i) declaring that the plaintiff alone is the owner of Copyright to telecast and the world Satellite Television rights including Doordarshan for

the whole of India of the Tamil talkie pictures, viz., (i) KULEBAGAVALI, (ii) PUDUMAI PITHAN (iii) PERIYA YIDATHU PEN (iv) PAASAM (v) PANAKKARA KUDUMBAM (vi) GOONDU KILI (vii) KAATHAVARAYAN (viii) PANAM PADAITHAVAN (ix) PARAKUM PAVAI;

(ii) for a permanent injunction restraining the first defendant, their men, agents, servants, and all those persons claiming under them and/or authorised by them from interfering in any manner with the plaintiff's right to telecast and the world television rights including Doordarshan for whole of India, the Tamil Talkie pictures titled (i) KULEBAGAVALI, (ii) PUDUMAI PITHAN (iii) PERIYA YIDATHU PEN (iv) PAASAM (v) PANAKKARA KUDUMBAM (vi) GOONDU KILI (vii) KAATHAVARAYAN (viii) PANAM PADAITHAVAN (ix) PARAKUM PAVAI in Doordarshan and World Satellite Television; (iii) for a mandatory injunction restraining the second defendant from paying the royalty amount for the Tamil talkie picture titled PARAKKUM PAVAI to the first defendant for the telecast of the said picture in Doordarshan on 14.01.1996;

(iv) directing the defendants jointly and severally to pay to the plaintiff the costs of the suit.

For Plaintiffs : Mr.V.Manokar For D1 : Mr.K.V. Prakash For D2 : Mr.Anand Das Gupta and Sagar -----

J U D G M E N T

Today, when the matter is taken up for hearing, the learned counsel appearing for the plaintiffs would submit that the relief sought for in this Civil Suit has become infructuous and hence, the Civil Suit is dismissed as having become infructuous.

2. In view of the above submission made by the learned counsel appearing for the plaintiffs, nothing survives for further adjudication in this Civil Suit. Hence, this Civil Suit is dismissed as having become infructuous. No costs.

Sd./-V.B.S.J.

01.04.2022 //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.