MR.JUSTICE K.KUMARESH BABU OA No. 732 of 2025 in C.S.No.160 of 2025

OA NO. 732 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-08-2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
OA No. 732 of 2025 in C.S.No.160 of 2025
Dhanlakshmi Srinivasan Medical College and Hospital
Represented by its Authorized Signatory Mr.V.Gopalakrishnan, NH-45, Trichy-Chennai Highway, Siruvachur, Perambalur 621 113.
Applicant(s)
Vs
SPlus Media Limited
No.145, Rukmani Laksmipathy Road, Pudhupet, Chennai 600 008.
Respondent(s)
For Applicant(s): Mr.Abishek Jenasenan
For Respondent(s): Mr.Richardson Wilson
ORDER
The present application has been filed to grant an order of interim injunction restraining the respondent or any person claiming through or under him from making any defamatory statement which is in any manner causes disrepute to the applicant pending disposal of the
suit.
2. Heard Mr.Abishek Jenasenan, learned counsel for the applicant and Mr.Richardson
Wilson, learned counsel appearing on behalf of the respondent.
3. When the matter is taken up for hearing today, it is brought to the notice of this Court that the approval granted to the applicant/ institution had been originally suspended pursuant to a Report given by the Committee headed by the Project Director, Health Department of the State of Tamil Nadu and now has been cancelled by the Government. This Court had granted an interim order based upon the Minutes of the Meeting of the authorized authority approving the organ transplant to the applicant/ institution. The Press Release issued by the Government on 10.08.2025 indicates that there has been some infraction in organ transplant of two hospitals which includes the applicant’s hospital and that there has also been some infractions in the authorized authority in granting approvals. The entire issue is in public domain.
4. It is the claim of the respondent that one of its Reporter who had gone for a check up in the hospital had come across a patient complaining about organ transplant for money which made him to investigate into the issue leading to a finding that villagers from two villages had been targeted by certain individuals and the same had been published in their News Channel.
5. Relying upon various judgments, Mr.Richard Wilson, learned counsel appearing for the respondent would submit that there cannot be a gag order on the press on the investigative journalism that had been made at their end. But, however, the Press Release placed before this Court upon which further actions have been taken do not implicate the applicant’s involvement directly in the issue of commercial organ transplant.
6. This Court in an order made in A.No.1009 of 2023 in C.S.No.189 of 2022, dated 26.06.2023 in a similar situation had considered the effect of statement made by a person based upon their status namely whether they are public or private figure. Even in respect of a public figure, the private life of such persons should be protected. Further, in respect of a company in that case, this Court had held that if such person indulges in defrauding the public in the course of its business and if after verification it is proved, then it is always open for publishing the same to make it known to the public. This Court had further held that if there is a doubt then the veracity of such statement can always be verified with the person against whom such statements are made and if remarks are received then the publication can be made along with the remarks. If such remarks are not received within a reasonable period, then it would be open to make such statements.
7. Applying the principles laid down in the aforesaid order, the injunction granted by this
Court dated 21.07.2025 shall stand modified as follows:-
a) The respondent is entitled to publish or telecast in its Channel whatever materials that are available in public domain.
b) If the such material creates a doubt in its mind with the involvement of the applicant, then the respondent shall address the applicant to give his remarks.
c) If any remarks is received within a reasonable period or the within the period stated in the said letter, it is open to the respondent to publish his statement but the same should also be followed with the remarks given by the applicant.
d) If no remarks are received, it is open to him to make necessary
statement which in his opinion is true.
With the aforesaid direction, the present application stands disposed of.
21-08-2025
Gba
(2/2)
To
1. SPlus Media Limited
No.145, Rukmani Laksmipathy Road, Pudhupet, Chennai 600 008.