Prabha Alias Vijayalakshmi v. Rajagopal Alias Nakkeeran Gopal And 4 Others

A.No.6537 of 2023 ABDUL QUDDHOSE.J., Prabha alias Vijayalakshmi V.

... Applicant Vs.

Rajagopal alias Nakkeeran Gopal and others ... Respondents ***** This application has been filed seeking leave to sue the defendant Nos.2, 4 and 5 before this Court. The suit has been filed for the alleged infringement of the copyright by the respondent Nos.1 to 3, who are the defendant Nos.1 to 3 in the suit. They are the producers of the documentary series by name "Koose Munisamy Veerappan unseen Veerappan Tapes".

2. According to the plaintiff, without getting her consent, who is also a legal heir of the deceased, Veerappan, based on whose story the documentary series are about to be released, the defendant Nos.1 to 3, who are the producers are likely to release the said documentary series. Under those circumstances, the suit has been filed. 1/4

3. The defendant Nos.2, 4 and 5 in the suit are the other legal heirs of the deceased, Veerappan. The defendant Nos.2, 4 and 5 are residing outside the jurisdiction of this Court. Under those circumstances, this application has been filed, seeking leave to sue. According to the applicant, she has come across the promotion of the release of the documentary series"Koose Munisamy Veerappan unseen Veerappan Tapes" available on ZEE 5 OTT Platform and on YouTube which are accessible within the jurisdiction of this Court. According to the applicant, substantial part of cause of action has arisen within the jurisdiction of this Court.

4. After giving due consideration to the averments contained in the affidavit filed in support of this application, this Court is inclined to grant leave to sue the defendant Nos.2, 4 and 5 as prayed for in this application. Accordingly, this application is allowed.

5. Registry is directed to number the suit, if it is otherwise in order. However, since the learned counsel for the respondent Nos.1 and 2 has raised objection to the allowing of this application, as according to them, no part of cause of action has arisen within the jurisdiction of this Court, the 2/4

respondent Nos.1 and 2 are permitted to raise all the objections available to them under law with regard to the jurisdiction of this Suit when the application seeking for any interim order to protect the interest of the applicant is sought for by the applicant / plaintiff in the near future.

6. Post the matter on 11.12.2023.

08.12.2023 ab 3/4

ABDUL QUDDHOSE.J., ab A.No.6537 of 2023 08.12.2023 4/4