Madras HC Temporarily Restrains Minister Udhayanidhi Stalin From Making Defamatory Statements Against Edappadi Palaniswami

Justice RN Manjula observed that both Palaniswami and Udhayanidhi Stalin were political figures who were in the habit of making statements against each other but when statements were made against persons, which could affect their integrity, a suit for damages was maintainable.

"Plaintiff (Palaniswami) and Defendant (Udayanidhi Stalin) are political figures and they used to make statements against each other in their political life. While something is made in that course, affecting the integrity of the persons, a suit can be filed for damages. This appears to be one such suit," the court said.

Thus, finding a balance of convenience in favour of Palaniswami, the court said that it was inclined to grant an interim injunction to Palaniswami for two weeks.

"Balance of convenience is in the favour of the plaintiff. Since allowing the defendant to make such statements will cause harm to the plaintiff, an interim injunction can be granted for two weeks," the court ordered.

Palaniswami had approached the court alleging that Udhayanidhi had made defamatory statements against him in social media and that it was published and carried by the news agencies also. He informed the court that Udhayanidhi had allegedly made statement linking Palaniswami to the infamous Kodanad Murder case and had also linked him to corruption cases.

Senior Advocate Vijay Narayan, appearing for Palaniswami submitted that he was never named in the FIRs connected to the Kodanad murder case nor was he called in by the investigation agency at any point of time during the investigation.

With respect to the allegations of corruption, Narayan relied on an earlier order passed by the Madras High Court noting that there was no reason for a fresh DVAC inquiry against Palaniswami.

He also added that the statements were posted by Udhayanidhi in his social media account "X", previously known as "Twitter" and had been viewed by many persons which would injure Palaniswami's reputation. He further submitted that such statements, which were made months before the General Assembly election, would tarnish his image.

The court, thus granted an interim injunction but added that it would be applicable only with respect to statements made in connection with the Kodanad murder case.

Case Title: Edappadi K Palaniswami v Udhayanidhi Stalin

Case No: OA/784/2023 in CS 180/2023