Today PDBJ ordered notice to Edapadi K.Palanisamy in the defamation case filed by former AIADMK M.P K.C.Palanisamy [19/01, 11:52] Thiyageswaran: Hemanth Thiyageswaran appeared [19/01, 12:30] Sekarreporter: IN THE HIGH COURT OF JUDICATURE AT MADRAS (Ordinary Original Civil Jurisdiction) C.S.No. of 2025 Mr.K.C.Palanisamy, S/o. Chenniappa Gounder, No.19, Kothari Road, Nungambakkam, Chennai – 600 034. ..Plaintiff -: Versus :- 1. Mr.Edapadi K.Palanisamy, General Secretary, All India Anna Dravida Munnetra
[19/01, 11:51] Thiyageswaran: Today PDBJ ordered notice to Edapadi K.Palanisamy in the defamation case filed by former AIADMK M.P K.C.Palanisamy
[19/01, 11:52] Thiyageswaran: Hemanth Thiyageswaran appeared
[19/01, 12:30] Sekarreporter: IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Ordinary Original Civil Jurisdiction)
C.S.No. of 2025
Mr.K.C.Palanisamy,
S/o. Chenniappa Gounder,
No.19, Kothari Road, Nungambakkam,
Chennai – 600 034. ..Plaintiff
-: Versus :-
1. Mr.Edapadi K.Palanisamy,
General Secretary,
All India Anna Dravida Munnetra Kazhagam (AIADMK),
Greenways Road, Raja Annamalaipuram,
Chennai – 600 028.
2. Mr.P. Kandavel,
S/o. Mr.Palanisamy,
No.1/324, Muthalipalayam,
Arasur (Via), Sulur T.K.,
Coimbatore. ..Defendants
PLAINT UNDER ORDER IV, RULE 1 OF O.S.RULES READ WITH ORDER VII, RULE 1 AND 2 OF C.P.C.
The Plaintiff above named begs to submit as follows :-
1. The Plaintiff above named is Mr.K.C.Palanisamy, son of Mr.Chenniappa Gounder, Hindu, aged about 63 years, having office at No.19, Kothari Road, Nungambakkam, Chennai – 600 034.
The Address for service of all the notices and processes on the Plaintiff above named is M/s.Waraon & Sai Rams, T.Thiageswaran, P.Neethi Kumar, R.M.Srinivas, J.M.Akhin Bose and M.Babija Advocates at Flat No.18-A, 4th Floor, Saranga Apartments, New No.11, Gopalakrishna Road, T.Nagar, Chennai – 600 017.
2. The 1st Defendant above named is Mr.Edapadi K.Palanisamy, General Secretary, All India Anna Dravida Munnetra Kazhagam(AIADMK), Greenways Road, Raja Annamalaipuram, Chennai – 600 028.
3. The 2nd Defendant above named is Mr.P. Kandavel, S/o. Mr.Palanisamy, residing at No.1/324, Muthalipalayam, Arasur (Via), Sulur T.K., Coimbatore within the jurisdiction of District Court, Coimbatore.
The address for service of all the notices and processes on the Defendants above named are the same as given above.
4. The Plaintiff submits that the Plaintiff has obtained the Leave to file the suit against the 2nd Defendant who is residing outside the jurisdiction of this Hon’ble Court in Application No……….of 2025 and the Leave to Sue was ordered by this Hon’ble Court by and order dated …………………..
5. The Plaintiff submits that the Plaintiff is a Former Member of the Legislative Assembly of Tamil Nadu and Former Member of Parliament from the Political Party of AIADMK. The Plaintiff was a member from the date of inception of the Party established by the Bharath Rathna Puratchi Thalaivar Dr.M.G.Ramachandran in the year 1972. The Plaintiff was appointed as a Deputy District Secretary, Youth Wing, Coimbatore Urban District under the leadership of Late Dr.M.G.Ramachandran and the Plaintiff was elected as a Member of Legislative Assembly from the Kangeyam Legislative constituency as the official candidate for AIADMK in the year 1984 and served as a Member of Legislative Assembly till 1988. In the year 1989, Puratchi Thalaivi Dr.J.Jayalalitha, the Former Chief Minister of Tamil Nadu nominated the Plaintiff as a Party candidate to contest for the Lok Sabha election from Tiruchengode Parliamentary constituency. Under her guidance, the Plaintiff was elected as a Member of Parliament with the second highest vote difference in India and the highest number of votes in Tamil Nadu. The Plaintiff has a number of followers and the Plaintiff has been accepted as a Leader in the public at large, having amazed a huge goodwill and an unblemished reputation in the society by constantly working towards the betterment and welfare of the public.
6. The Plaintiff submits that the 1st Defendant is a Member of the Legislative Assembly, Leader of the Opposition of the Legislative Assembly and the General Secretary of the All India Anna Dravida Munnetra Kazhagam and the 2nd Defendant is the Member of the All India Anna Dravida Munnetra Kazhagam and the Union Secretary of the A.I.A.D.M.K. Party, Sulur (North), Coimbatore District.
7. The Plaintiff further submits that the 1st Defendant instigated the 2nd Defendant to give a false police complaint against the Plaintiff before the Sulur Police Station, Coimbatore on 24.01.2020 while the 1st Defendant was the Chief Minister of Tamil Nadu. The said false police complaint was registered as F.I.R.No.45 of 2020 dated 24.01.2020 on the file of the Sulur Police Station.
8. The Plaintiff submits that the 1st Defendant used the 2nd Defendant as the name lender to give the false complaint against the Plaintiff containing false, defamatory and scandalous statements, and the same had been made with the sole intention to cause serious wrongful harm to the Plaintiff’s reputation. The Plaintiff further states that in the said complaint, it is falsely stated that the Plaintiff was expelled from the A.I.A.D.M.K. Party by Late Dr.J.Jayalalithaa in the past because the Plaintiff was misusing and abusing his association with the A.I.A.D.M.K. party for his personal gains. Further, it was also falsely stated that the Plaintiff had created parallel membership for A.I.A.D.M.K. party by issuing fake membership cards and illegally receiving money from the public for membership in the party.
9. The Plaintiff further submits that the Plaintiff was arrested in pursuance of the false police complaint and incarcerated for about 19 days and released on bail by the District Sessions Judge, Coimbatore on 11.02.2020. The contents of the F.I.R, and the arrest of the Plaintiff was widely published in newspapers and media throughout the State of Tamil Nadu
10. The Plaintiff submits that after the bail was granted by the District Sessions Judge, Coimbatore by an order dated 11.02.2020, the 2nd Defendant with ulterior motive to further defame the name and reputation of the Plaintiff had vindictively filed Criminal M.P.No.291 of 2022 for cancellation of the bail granted by the Learned District Sessions Judge, Coimbatore and the same was dismissed by an order dated 14.02.2022. Against which, the 2nd Defendant had filed Criminal O.P.No.7114 of 2022 before the Hon’ble High Court, Madras, which was also dismissed by an order dated 15.11.2024 by the Hon’ble High Court, Madras.
11. The Plaintiff submits that the Plaintiff had filed a Criminal Original Petition to quash the F.I.R. in Criminal O.P.No.4146 of 2022 before the High Court of Judicature at Madras and the same was quashed by an order dated 16.08.2024 by the Hon’ble High Court, Madras. The Plaintiff further submits that the 1st and 2nd Defendants conspired together and had given a false and malicious police complaint and on the basis of the false complaint the Plaintiff had undergone untold suffering and incarceration for about 19 days and thereby the Plaintiff’s reputation among the public had been jeopardized and the Plaintiff had suffered untold misery and mental agony. The above said criminal proceeding is therefore a malicious proceeding amounting to defamation and caused loss of reputation and mental agony to the Plaintiff.
12. The Plaintiff submits that it is also relevant to note that the 1st Defendant had also made similar defamatory allegation in the affidavit filed in support of the petition under Section 9 of the Arbitration & Conciliation Act, 2019 purported to be filed on behalf of A.I.A.D.M.K. party against the Plaintiff before the Hon’ble High Court, Madras in O.A.No.150 of 2023 in respect of the website which was the subject matter of the F.I.R. filed before the Sulur Police Station, Coimbatore.
13. The Plaintiff further submits that the 1st Defendant, in his accompanying affidavit, had made numerous false, baseless, vexatious, and wholly concocted statements against the Plaintiff, thereby defaming the Plaintiff in the eyes of known and unknown persons, who otherwise held the Plaintiff in high esteem.
14. The Plaintiff further submits that the contents of the affidavit filed by the 1st Defendant contains libellous and defamatory statements inter alia falsely claiming vide para 3 of the affidavit that the Plaintiff was expelled from AIADMK Party by Dr. Jayalalitha on account of abuse and misuse of his association with the AIADMK for personal gains which is misleading and has no iota of truth in it. The relevant portion is reproduced hereinbelow:
“3. …., he was expelled from the party by Late Dr. J. Jayalalithaa in the past because he was misusing and abusing his association with the Applicant Party for his personal gains. ….”
15. The Plaintiff submits that the 1st Defendant had further falsely deposed in his affidavit that the Plaintiff had created a parallel membership of the AIADMK by issuing fake membership cards and that the Plaintiff had been illegally receiving money from the public for membership in the party while carrying out his personal agenda in the name of AIADMK vide para 7 and para 10 of the affidavit reproduced hereunder:
“7. …. The Applicant submits that that a few members of the party came to know about a website under the domain name and style “www.aiadmk.org.in” which the Respondent herein has been illegally receiving money from public for membership of the party and also has been carrying out his personal agenda in the name of AIADMK.
“10. I humbly submit that the Respondent is running a parallel membership drive by deceiving the public and is even issuing membership cards with his signatures. The Respondent has been extorting money illegally from the innocent minds of the public who genuinely believe that the website run by the Respondent is the official website of the Applicant Party.”
16. The Plaintiff further submits that the allegations further falsely portray that the Plaintiff had misrepresented to the public that he is/was the main leader of the AIADMK in various TV programs/interviews. However, contrary to the defamatory contents of the affidavit filed by the 1st Defendant, the Plaintiff had neither misrepresented his association with the AIADMK party at any time, in any manner whatsoever nor ever engaged in any activity with the motive to defraud or mislead the public as alleged vide para 6 of the affidavit:
“6. Despite being expelled from the Applicant Party, the Respondent has been misrepresenting to the public as if he is a main leader of the Applicant Party. The Respondent is participating in TV programmes, giving interviews, falsely claiming to be part of the Applicant party.”
17. The Plaintiff further submits that the above-mentioned allegations in the affidavit filed by the 1st Defendant are not only unsupported by any credible evidence but are ex facie defamatory and have maligned the reputation of the Plaintiff in the eyes of the general public. It is not out of place to mention here that the aforesaid allegations in the affidavit go to the very root of the Plaintiff’s life as a public figure and a visible media personality which have deeply affected the goodwill amassed by the Plaintiff in all these years through his dedication. Therefore, the statements made by the 1st Defendant in his affidavit are not bona fide, rather the statements of the 1st Defendant were/are made with mala fide intention to cause harm to the Plaintiff as stated above.
18. The Plaintiff further submits that the imputations made in the complaint, F.I.R and the proceedings before the Court are per-se, defamatory amounting to publication of scandalous and defamatory statement to defame the name and reputation of the Plaintiff. The Plaintiff submits that the Plaintiff was never removed from his Membership by Late.Dr.J.Jayalalithaa during her tenure as General Secretary of A.I.A.D.M.K. Party. Similarly, the Plaintiff did not create the website with the motive to defraud and mislead the public.
19. The Plaintiff further submits that the Plaintiff had never received money illegally from the public by using his association with the A.I.A.D.M.K. party or otherwise and the said allegation made by the 1st and 2nd Defendants are false and malicious.
20. The Plaintiff submits that in view of the false, scandalous and malicious allegations raised in the complaint, F.I.R. and the affidavit filed before the Hon’ble High Court, Chennai in O.A.No.150 of 2023, the Plaintiff had undergone severe mental agony and untold suffering. Further, the said malicious allegations have lowered the moral reputation of the Plaintiff among the general public.
21. The Plaintiff therefore submits that the Plaintiff is entitled to claim damages/compensation from the Defendants for the loss of name and reputation of the Plaintiff among the general public in view of the propagation/publication of false, scandalous and malicious statements through the Complaint, F.I.R., and the affidavit filed before the Hon’ble High Court, Madras in O.A.No.150 of 2023. The Plaintiff computes the damages/compensation to the tune of Rs.1.00 Crore for the loss of reputation of the Plaintiff, which the Defendants are jointly and severally liable to pay to the Plaintiff.
22. The Plaintiff submits that the Plaintiff has issued a Legal notice dated 16.01.2025 caused to be issued to the Defendants 1 and 2 seeking compensation of Rs.1.00 Crore (Rs.One Crore only) for the loss of name and reputation among the General public for propagating and publishing false, scandalous, defamatory and malicious allegations through the complaint, F.I.R and the Affidavit filed in O.A.No.150 of 2023 before the Hon’ble High Court at Madras and for the malicious proceedings in F.I.R.No.45 of 2020. The Defendants 1 and 2 after receiving the legal notice, issued reply notices dated 04.03.2025 and 06.03.2025 respectively containing false and frivolous allegations which are untrue and unsustainable.
23. The Plaintiff further submits that it is relevant to point out that the Defendants are continuously propagating the same scandalous allegations particularly on 13.06.2024 at the Coimbatore International Airport, the 1st Defendant gave an interview to the various media containing false and defamatory statements as the Late.Puratchi Thalaivi Dr.J.Jayalalithaa removed the Plaintiff from the A.I.A.D.M.K. party and subsequently the Plaintiff rejoined in the A.I.A.D.M.K. party along with Mr.O.Paneerselvam only in the year 2017, which is nothing but false, defamatory and also in the rhyming of the defamatory statement made in the earlier F.I.R. and the affidavit filed as stated above. The Plaintiff had also filed Criminal proceedings against the 1st Defendant for the continuous defamatory statement. Therefore, it is just and necessary to grant permanent injunction restraining the respondents in any manner whatsoever propagating by publishing the defamatory statements, scandalous allegations against the Plaintiff through media or in public meetings.
24. The cause of action for the above suit arose at Chennai within the jurisdiction of this Hon’ble Court where the Plaintiff and the 1st Defendant are residing and are having their offices; on 24.01.2020, when the 2nd Defendant at the instigation of the 1st Defendant gave a Police Complaint which was registered as F.I.R.No.45 of 2020 on the file of the Sulur Police Station containing the defamatory and scandalous statement; in the year 2023, when the 1st Defendant filed an affidavit in O.A.No.150 of 2023 containing the very same scandalous allegations; on 16.08.2024, when the Hon’ble High Court quashed the F.I.R.No.45 of 2020 in Criminal O.P.No.4146 of 2022; on 15.11.2024 when the Hon’ble High Court passed order in Criminal O.P.No.7114 of 2022; on 13.06.2024, when the 1st Defendant gave an interview containing false and defamatory statement against the Plaintiff which was widely published in the media; on 16.01.2025, when the Plaintiff issued legal notice demanding compensation of Rs.1.00 (Rs.One Crore only) for causing loss of name and reputation among the general public by propagating and publishing false, scandalous, defamatory and malicious proceedings under F.I.R.No.45 of 2020 to the 1st and 2nd Defendants; on 04.03.2025, when the 1st Defendant issued a reply notice to the legal notice issued by the Plaintiff; on 06.03.2025, when the 2nd Defendant issued a reply notice to the legal notice issued by the Plaintiff and subsequently thereafter.
25. The Plaintiff values the Suit for the purpose of Court Fee and Jurisdiction as follows:
a) For the relief of compensation directing the Defendants 1 and 2 to pay a sum of Rs.1.00 Crore (Rs.One Crore only) and pays a Court Fee of Rs………… under section 22 of the Tamil Nadu Court Fees and Suits Valuation Act.1955.
b) for the Permanent injunction restraining the Defendants 1 and 2 valued at Rs……………. and pays a Court Fee of Rs……………under Section 27 (c) of the Tamil Nadu Court Fees and Suits Valuation Act.1955.
Total suit Claim –Rs.
Total Court Fee Paid –Rs.
26. The Plaintiff therefore prays for a Judgment and Decree against the Defendants as follows:-
(a) Directing the Defendants 1 and 2 jointly and severally to pay a sum of Rs.1,00,00,000/- to the Plaintiff towards compensation for the loss of name and reputation among the general public by propagating and publishing false, scandalous, defamatory and malicious proceedings through the complaint, affidavit filed in O.A.NO.150 of 2023 before the Hon’ble High Court, Madras and under F.I.R.No.45 of 2020 on the file of the Sulur Police Station, Coimbatore District.
(b) for the Permanent injunction restraining the Defendants 1 and 2, their men, agents, servants from in any manner whatsoever by propagating and publishing false, scandalous, defamatory and malicious allegations among the general public against the Plaintiff;
(c) Costs of the suit; and
(d) grant such further or other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this the day of August 2025
Counsel For Plaintiff Plaintiff
VERIFICATION
I, K.C.Palanisamy, the Plaintiff herein do hereby verify and state that what is stated in paragraphs 1 to 24 above are true and correct to the best of my knowledge , belief and information.
Verified at Chennai on this the day of August 2025.
Plaintiff
LIST OF DOCUMENTS FILED BY THE Plaintiff UNDER ORDER VII RULE 14(1) OF C.P.C
Sl. No. Date Description of Documents Nature
1. 24.01.2020 Copy of the F.I.R.No.45 of 2020.
2. 14.03.2023 The served copy of the affidavit in O.A.No.150 of 2023.
3. 18.11.2023 Copy of the order passed in Criminal R.C.No.1775 of 2023.
4. 16.08.2024 Copy of the order in Criminal O.P.No.4146 of 2022 passed by the Hon’ble High Court, Madras.
5. 15.11.2024 Copy of the order in Criminal O.P.No.7114 of 2022 passed by the Hon’ble High Court, Madras.
6. 16.01.2025 Legal notice issued by the Plaintiff to the defendant.
7.
04.03.2025 Reply notice issued by the 1st Defendant to the Plaintiff
8. 06.03.2025 Reply notice issued by the 2nd Defendant to the Plaintiff.
9. 01.04.2025 Copy of the Complaint in Criminal M.P.No.2333 of 2024.
Dated at Chennai on this the day of August 2025.
Counsel for Plaintiff
LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14(2) CPC
Nil at present
Dated at Chennai on this the day of August 2025
Plaintiff
MEMO OF VALUATION
Description Suit Claim
Rs. Court Fee paid
Rs.
For the relief of compensation directing the Defendants 1 and 2 to pay a sum of Rs.1.00 Crore (Rs.One Crore only) under section 22 of the Tamil Nadu Court Fees and Suits Valuation Act.1955. 1,00,00,000
for the Permanent injunction restraining the Defendants 1 and 2 under Section 27 (c) of the Tamil Nadu Court Fees and Suits Valuation Act.1955.
Total suit Claim –Rs.
Total Court Fee Paid –Rs.
Counsel for Plaintiff
STATEMENT OF ADDRESSES UNDER ORDER VI, RULE 14(A) C.P.C.
Plaintiff’s Address Mr.K.C.Palanisamy,
S/o. Chenniappa Gounder,
No.19, Kothari Road, Nungambakkam,
Chennai – 600 034
Address of the Counsel for Plaintiff Waraon & Sai Rams, T.Thiageswaran, P.NEETHI KUMAR, R.M.Srinivas, J.M.Akhin Bose & M.Babija, Advocates, Flat No.18-A, 4th Floor, Saranga Apartments, New No.11, Gopalakrishna Road, T.Nagar, Chennai – 600 017
1st Defendant’s Address Mr.Edapadi K.Palanisamy,
General Secretary,
All India Anna Dravida Munnetra Kazhagam (AIADMK),
Greenways Road, Raja Annamalaipuram,
Chennai – 600 028.
2nd Defendant’s Address Mr.P. Kandavel,
S/o. Mr.Palanisamy,
No.1/324, Muthalipalayam,
Arasur (Via), Sulur T.K.,
Coimbatore.
Dated at Chennai on this the day of August 2025
Counsel for Plaintiff
VERIFICATION
I, K.C.Palanisamy, the Plaintiff herein do hereby verify and state that what is stated in the Statement of addresses mentioned above are true and correct to the best of my knowledge , belief and information.
Verified at Chennai on this the day of August 2025
Plaintiff
