SAJEEV PILLAI Vs. VENU KUNNAPALLI

JUDGEMENT

(1.) Dated this the 11th day of December 2019 History describes 'Mamankam' as a grand festival held once in twelve years on the banks of Nila river/ Bharathapuzha at Thirunavaya during the 14th to 19th century. Mamankam mainly relates to the story of Perumal, the ruler of the country and chaver pada / warriors (suicide squad). The release of a much awaited movie by name Mamankam based on this historical fact is proposed to be on 12.12.2019. Whether, there is any justification for restraining the release of the movie on the proposed date, by an order of temporary injunction, is the question for consideration, here in this appeal.

(2.) Heard Adv. Sreekumar G Chelur, the learned counsel for the appellants and Adv. Saiby Jose Kidangoor, the learned counsel for the 1st respondent and Sri. V. Ramkumar Nambiar, the learned counsel for the 2nd respondent.

(3.) The appellant/plaintiff claims that he had worked on the history of this festival and made research on this festival from 1999 onwards. Thereafter, he had written a script for a film on this subject and it was his dream project. He is a film director and a script writer who achieved skill and knowledge in the field under eminent directors. In the year 2011, he met a senior actor of Malayalam industry and had discussions with the intention to have him in the lead role. Before that the draft of his script was registered with the Film Writers Association in the name 'Kinavu/Changatham'. Subsequently, the name was changed as 'Mamankam'. In search of a producer, he met the 1st respondent who was desirous of taking a film and signed a Memorandum of Understanding (MOU) on 13.9.2017 believing that the same was entered with M/s. Kavya Film Company, a company registered under the Company's Act. But, later it was learnt that the MOU was entered with a non-existent entity. So, fraud was played by the 1st respondent upon the appellant. By that time, shooting of the film started. The appellant was the director at that point of time. After completion of two schedules, the appellant was terminated from serving as Director of the film and another person was appointed as the new Director. The shooting of the film was completed mutilating, distorting and modifying the script of the appellant. He is the author of the script of the film 'Mamankam' based on history with so many characters, both historical and fictitious characters. Hence, the suit was filed seeking various reliefs. Along with the suit, a petition for interim injunction was also filed with a prayer to restrain the respondents from releasing, publishing, distributing, exploiting the film' Mamankam' by any and all modes of dissemination to public and issuing pre-release publicity without providing adequate authorship credits to appellant as per film industry standards, pending determination of the suit. But by an order dated 14.11.2019, the petition was dismissed by the learned Additional District Judge. Hence, this appeal.