Flag row: Dhinakaran told to file counter in civil suit by EPS

Given time till March 27; CM seeks `25 L as damages for exploiting goodwill of AIADMK
Sidelined AIADMK leader T T V Dhinakaran. (File | PTI)
Sidelined AIADMK leader T T V Dhinakaran. (File | PTI)

CHENNAI:Justice CV Karthikeyan of the Madras High Court has directed rebel leader and RK Nagar independent MLA T T V Dhinakaran to file his reply by March 27, to a civil suit from AIADMK joint co-ordinator and Chief Minister Edappadi K Palaniswami seeking a permanent injunction restraining him (Dhinakaran) from using the flag with black, white and red colours, which is similar to that of AIADMK party flag.

He also prayed the court to impose `25 lakh as damages on Dhinakaran for exploiting the goodwill of AIADMK.According to plaintiff, (EPS), the tri-colour flag introduced by Dhinakaran at a function at Melur near Madurai on March 15 was deceptively similar to that of AIADMK flag. The party’s 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 rule 4 of the party by-laws, the plaintiff said.

Dhinakaran, an erstwhile party member, was expelled by former party general secretary J Jayalalithaa on December 19, 2011. He was never re-inducted into the party and hence, he had no right to use its flag or party name whatsoever, Palaniswami said.

The Delhi High Court had permitted Dhinakaran only to use ‘pressure cooker’ as symbol and not the AIADMK’s name or flag. But he was attempting to misuse the party flag thereby deceiving the public and the party. “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 AIADMK,” plaintiff contended.

Dhinakaran had misused the flag even during the recent RK Nagar by-election. If he is allowed to use the deceptively misleading flag with an intent to bank on the goodwill and reputation of AIADMK, which was acquired through four decades of hard work and seven successful terms of being in power, the same would cause irreparable damage to the interests of AIADMK, the plaintiff said and prayed the court to grant an interim injunction against the use of such flag by Dhinakaran till the final disposal of the suit.His main prayer was to restrain Dhinakaran from in any manner using the red, white and black colour combination in his flag or any other material, similar to that of AIADMK flag, permanently.

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