Madras HC dismisses OPS appeal on using AIADMK symbol, flag, letter head

Chennai, Jan 12 (UNI) Deposed AIADMK leader and former Tamil Nadu Chief Minister O.Panneerselvam suffered yet another setback after the Madras High Court dismissed his appeal challenging the November 7, 2023 single judge order restraining him from using the party’s flag, election symbol and letterhead.

A Division Bench comprising Justices R.Mahadevan and Mohammed Shaffiq on Thursday evening observed that the single judge had granted the interim injunction, at his discretion, only for a limited period.

Hence, such an order would not fall under the definition of the term, ‘judgment,’ found in the Letters Patent, to be assailed through an appeal.

The judges agreed with senior counsel Vijay Narayan, representing AIADMK General Secretary Edappadi K.Palaniswami who was the respondent in the appeal, that the only remedy available to

Mr. Panneerselvam was to file an application before the single judge for vacating the interim injunction.

The Division Bench granted liberty to the appellant to approach the single judge by filing an application to vacate the injunction and said that if any such application gets filed, “the learned judge shall consider and pass appropriate orders on own merits and in accordance with law”.

In his grounds of appeal, the appellant had contended that he could not be restrained from using the AIADMK’s flag, election symbol and letterhead when a suit filed by him challenging his expulsion was still pending before the High Court.

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