Case Summary
Lourdes Matha Care Charitable Trust and its representatives filed a suit for defamation against i2i News and associated defendants for publishing false news leading to reputational harm. The court considered the merits of a temporary injunction against the defendants to prevent further defamatory actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against publishing defamatory content.
Case Type
Injunction
Final Judgment
No
The court granted a temporary injunction to the plaintiffs, prohibiting the defendants from publishing defamatory content. The injunction aims to protect the plaintiffs' reputation from false news.
Why Plaintiff Won:
The plaintiffs presented a prima facie case showing potential irreparable harm from the defendants' actions.
The plaintiffs presented a prima facie case showing potential irreparable harm from the defendants' actions.
Losing Side's Weaknesses:
The plaintiffs presented a prima facie case showing potential irreparable harm from the defendants' actions.
The plaintiffs presented a prima facie case showing potential irreparable harm from the defendants' actions.
Supporting Evidence
The applicant has established a prima facie case and the balance of convenience and irreparable injury are found in favour of the plaintiff.
Judgment Evidence:
In the result the application is allowed as follows: 1) The respondents/defendants are restrained from making, posting, publishing, uploading, distributing and re-publishing any false, defamatory and libelous content against the petitioners/plaintiffs on the platform of the 4th respondent/4th defendant or any other platform or social media whether online or offline.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lourdes Matha Care Charitable Trust
- Party Role
- Plaintiff
- Party Name
- Fr. Mathew Chooravady
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Archbishop MarThomas Tharayil
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- i2i News
- Party Role
- Defendant
- Party Name
- Sunil Mathew
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- i2i Plus
- Party Role
- Defendant
- Party Name
- You Tube
Plaintiffs Documents
The printout of the screenshot of the defamatory news items published by defendants 1 and 2, Copy of the e-mail dated 04/11/2024, Copy of Order in I.A.37/2024 in an unnumbered OS in 2024.
Defendants Documents
Copy of Agreement dated 21/11/2019, Copy of complaint to Station House Officer, Kazhakuttom, Copy of Complaint to District Police Chief.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Blaze K.Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.D.Ganesh Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Kavitha Ganesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Ashok.P.Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Shelja.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Muralee Radhakrishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from publishing any false, defamatory content against the plaintiffs.
Evidence:
Accordingly in view of the prima facie case being made out as well as in the interest of protection of right of the plaintiff, this court is of the opinion that in the instant case an ad interim injunction is to be granted.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The 4th defendant is directed to take down and disable the offending and defamatory videos/content posted against the plaintiff.
Evidence:
The 4th respondent/4th defendant is directed to take down and disable the offending and defamatory videos/content posted against the plaintiff.
Documents & Evidence
Document Type:
Screenshot of Defamatory News Items
Submitted By:
Plaintiff
Relevance:
The printout shows the defamatory news items published by the defendants.
Reference:
Ext.A1
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
This is a copy of the email sent to the 4th defendant requesting the removal of defamatory content.
Reference:
Ext.A2
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
This is a true copy of the order in I.A.37/2024 which provided interim relief against publishing defamatory content.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
This document relates to an agreement allegedly made by the plaintiff with P.V. Elsy.
Reference:
Ext.B1
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
This is a copy of the complaint made to the Station House Officer.
Reference:
Ext.B2
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
This is a copy of the complaint made to the District Police Chief.
Reference:
Ext.B3
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
This document is a postal receipt related to a complaint.
Reference:
Ext.B4
Document Type:
Order
Submitted By:
Defendant
Relevance:
This is the copy of the order for police enquiry related to forgery.
Reference:
Ext.B5
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Defamation
Case Code
OS.NO.
Case Code Year
2024