Madras HC restrains Kodanad murder accused's brother from making defamatory statements against EPS
Justice RN Manjula grants interim injunction for two weeks finding a prima facie case
CHENNAI: The Madras High Court has restrained C Dhanapal, brother of the prime accused in the Kodanad heist-cum-murder case accused C Kanagaraj, from making defamatory statements against AIADMK general secretary Edappadi K Palaniswami against linking him with the incident occurred at the Kodanad bungalow belonging to late Chief Minister J Jayalalithaa in 2017.
Finding a prima facie case made out for defamation and damages, Justice RN Manjula granted the interim injunction after hearing the defamation suit filed by EPS.
“A prima facie case has been made out for defamation and damages. Allowing the defendant (Dhanapal) to continue to make such statements would cause irreparable damages to the plaintiff (EPS),” the judge reasoned.
She also held that the ‘balance of convenience’, as of now, seems to be present in favour of the plaintiff.
Ordering the interim injunction for two weeks restraining the defendant from making defamatory statements, the judge posted the matter to October 10, 2023.
Senior counsel SR Rajagopal, appearing for EPS, submitted that Dhanapal was accused by the police of tampering with the material evidence in the Kodanad murder case and was facing criminal charges. He has given interviews making disparaging comments against the former Chief Minister amounting to bringing disrepute to his image in the society.
EPS has filed the suit seeking damages of Rs. 1.10 crore and restraining Dhanapal from making defamatory statements. He alleged that he was linked to the Kodanad incident aimed at tarnishing his image at the instigation of political enemies in view of next year’s Lok Sabha polls.
EPS said the interviews contain scandalous, false accusations and allegations, particularly with respect to the Kodanad case which has been under investigation and pending trial. The video footage on the interview is an intentional attempt made cause damage to the reputation and there could be no iota of truth in the statements made in the video and the allegations are intended to spoil the name and reputation, he said in the suit.