O.S.Manian v. Naveena Netrikkan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 27th DAY OF NOVEMBER 2019 THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM A.No.7905 of 2019 in 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.
: Applicant/Plaintiff 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.
: Respondent/Defendant Application praying that this Hon'ble Court be pleased to punish the Respondent herein for his wilful disobedience of this Hon'ble Court order dated 31.01.2019 & 11.04.2019 made in O.A.Nos.101 of 2019 in C.S.No.100 of 2019 and punish them under Order 39 Rule 2A of C.P.C. This Application coming on this day before this court for hearing, the Court made the following order:- This application has been filed by the plaintiff to punish the respondent for the alleged violation of the
order passed in O.A.No.101 of 2019 in C.S.No.100 of 2019, dated 31.1.2019 and 11.4.2019.
2. It is seen from the records that this Court granted an order of interim injunction against the respondent on 31.01.2019, however, the same was modified by this Court on 11.4.2019.
3. According to Mr.S.Kumara Devan, learned counsel for the applicant, in violation of the order of this Court, the respondent has made defamatory statement against the applicant.
4. It is the contention of Mr.N.Ramesh, learned counsel for the respondent that no article has been published in the magazine relating to the private life of the applicant and it is further stated that the respondent has filed a counter affidavit expressing unconditional apology and also issued a statement in the magazine dated 22.11.2019.
5. In reply the learned counsel for the applicant would submit that this contempt application need not be closed on the basis of mere tendering unconditional apology and the respondent is to be punished.
6. However, considering the fact that the respondent has tendered unconditional apology and that he will strictly obey the orders of this Court. This application is closed. Sd./-M.K.K.S.J 27.11.2019 //Certified to be true copy// Dated at Madras this the day of 2019. JJ 12/12/2019 COURT OFFICER(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.