CHENNAI: The Music Academy and The Hindu Group Publishing Private Limited have filed appeals in the Madras High Court against a single judge’s order barring the latter from using the name of legendary Carnatic singer MS Subbulakshmi in the mirror award they present along with the annual Sangita Kalanidhi award conferred by the Music Academy.
The single judge, on November 19, 2024, barred them from conferring the award holding that the institution of the award in her name went against the late singer’s Will.
Justice G Jayachandran had passed the orders on a civil suit filed by V Shrinivasan, a beneficiary of the singer’s will, challenging the conferring of the mirror award, which is presented as “Sangita Kalanidhi MS Subbulakshmi Award,” carrying a cash prize of Rs 1 lakh.
Shrinivasan had moved the court after the Music Academy decided to confer the Sangita Kalanidhi award for 2024 to renowned Carnatic singer TM Krishna, who according to the plaintiff, had made “vile, vituperative and scandalous” remarks against Subbulakshmi.
The judge, however, allowed the Music Academy to confer its 'Sangita Kalanidhi’ Award to Krishna and stated The Hindu can confer the award without bearing the name of Subbulakshmi.
The appeal suits stated, “The judge has erroneously applied the arm principle to conclude that the Will bars institution of awards in her name. It is clear from the recitals of the Will that there is no bar in respect of any award, much less a cash prize,” it said.
The appeal questioned the locus standi of the plaintiff Shrinivasan, saying that he is just one of the several beneficiaries of the last Will of Subbulakshmi and as such he does not derive any enforceable right to sustain the suit as a legal representative of the testator and the judge had failed to consider such facts.
The judge ought to have considered that the case on hand does not pertain to the beneficial interests of the plaintiff and as such the suit ought to have been rejected as barred under section 216 of the Indian Succession Act.
When the appeals came up for hearing before a division bench of Justices SS Sundar and P Dhanabal on Friday, the counsel on record for The Hindu sought time as senior counsel PS Raman could not appear. Subsequently, the bench posted the matter to Monday. Senior counsel T Mohan represents the Music Academy.
