Kodanadu case: Madras HC directs Dhanapal to pay Rs 1.10 cr to AIADMK chief Palaniswami

Chennai, Nov 7 (PTI) The Madras High Court on Thursday directed C Dhanapal, brother of C Kanagaraj, prime accused in the Kodanadu heist-cum-murder case to pay Rs 1.10 crore as damages to AIADMK chief Edapaddi Palaniswami for the defamatory statements allegedly linking the former chief minister in the case.

Justice RMT Teekaa Raman passed an order on a suit filed by Palaniswami.

"I find that sufficient time has already been granted to the defendant (Dhanapal) to rebut or contravene the allegations and averment made by the plaintiff, however, for the reasons best known, the defendant has not taken any steps," the judge added.

The judge said on a combine reading of the pleadings in the plaint and evidence, the plaintiff was a person in the State of Affairs and who held a post in the rank of a chief minister of state and making derogatory allegations, particularly, in the electronic media continuously and throwing such allegations in public wide debate will certainly lower the reputation of the public functionary and the same cannot be brush aside...

The judge said in the absence of any explanation on the side of Dhanapal to show that there was a valid defence in proving the statements alleged by him against the plaintiff, this court comes to the conclusion that the statements made in the eye of public by way of various print and electronic media was nothing but targeted to tarnish the image and reputation of the plaintiff.

The judge said, "This court is of the view that since no definite amount could be quantified for the damages and also taking into consideration the board of principles as stated supra, directs the defendant to pay a sum of Rs.1,10,00,000/- for the damages caused to the plaintiff. Accordingly, the suit is decreed by directing the defendant to pay a sum of Rs.1,10,00,000/- as compensation for damages with costs and permanent injunction is also granted against the defendant restraining him from making any such defamatory statements against the plaintiff in future". PTI COR KH