CHENNAI: Chief Minister and AIADMK joint coordinator Edappadi K Palaniswami has moved the Madras High Court to prevent rebel leader and RK Nagar independent MLA T T V Dhinakaran from using the red, white and black colour combination in his flag or any other material, similar to that of the AIADMK.
In his civil suit, Palaniswami alleged that the flag with three colours is deceptively similar to that of the AIADMK. He also prayed the court to impose `25 lakh damages on Dhinakaran for exploiting the goodwill of the AIADMK.
Granting permission to file the suit, Justice C V Karthikeyan on Friday directed Palaniswami to issue notices of the suit in English and regional daily newspapers and posted the case for hearing on March 20.
The suit sought a permanent injunction restraining Dhinakaran from using the red, white and black colour combination in his flag or any other material, similar to that of the AIADMK.
“The court should also grant a permanent injunction restraining Dhinakaran and the political party started by him from using any colour combination deceptively similar to the AIADMK flag,” the plea said. It was also claimed that the name AIADMK, symbol (Two Leaves) and the flag (red, white and black with Anna’s image in the centre) are the identities of the party’s cadre. A detailed description of the same has been incorporated in the rule 4 of the party’s bylaws, he said.
Claiming that Dhinakaran was an erstwhile member of the party and was expelled by late AIADMK leader J Jayalalithaa on December 19, 2011, the petitioner said Dhinakaran was never reinducted into the party and has no right to use its flag.
Saying that the Delhi High Court had only permitted him to use ‘pressure cooker’ symbol and not the AIADMK’s name or flag, the petitioner said Dhinakaran, on the other hand, intends to misuse AIADMK’s flag, thereby deceiving the public and AIADMK loyalists.
“The entire exercise by Dhinakaran has been to have a separate identity for his group, but while doing so, just as the symbol and name, he ought to have a unique flag. He cannot make any right over the flag of the AIADMK,” the petition said.
Alleging that Dhinakaran was misusing the flag even during the RK Nagar by-election, the petitioner said if he was allowed to use the deceptively misleading flag with an intent to bank in on the goodwill and reputation of the AIADMK, which was acquired through four decades of hard work and seven successful terms of being in power, it will cause irreparable damage to the interests of the AIADMK.
The petitioner wanted the court to grant an interim injunction against the use of such flag till the final disposal of the suit.
On Thursday, Dhinakaran had launched his party Amma Makkal Munnetra Kazhagam (AMMK) at an event in Melur near Madurai and unfurled the party flag, with bands of red, white and black with former CM and party general secretary J Jayalalithaa’s image in the centre.
‘Sanction to use only symbol’
Saying that the Delhi High Court had only permitted him to use ‘pressure cooker’ symbol and not the AIADMK’s name or flag, the petitioner said Dhinakaran, on the other hand, intends to misuse AIADMK’s flag, thereby deceiving the public and AIADMK loyalists