O.A.No.446 of 2022

in C.S.No.149 of 2022

OA.No.446 of 2022

in

C.S.No.149 of 2022

KRISHNAN RAMASAMY.J.,

This application has been filed, praying to grant interim injunction,

restraining the respondents and their men, from in any manner releasing,

circulating, publishing or indulging in making any kind of

accusations/insinuations/allegations/circulation/uploading of articles/letters/

correspondence and/or giving press interviews and/or post any items,

messages on social media containing any allegation as found or resembling

in the document No.5 filed along with the plaint.

The brief case of the applicant/plaintiff is as follows:-

2. According to the applicant, he is the former Chief Minister of the

State of Tamil Nadu, who had held the post between February, 2017 till

May, 2021. Eversince the time he was elected to the Legislative Assembly

in the year 2011 till May 2021. He had discharged his duties as the Minister

for Highways and Minor Ports, apart from holding other portfolios post

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O.A.No.446 of 2022

in C.S.No.149 of 2022

assuming office as the Chief Minister of Tamilnadu. He has been in politics

for over four decades. He is presently the Interim General Secretary of the

Opposition Party, All India Anna Dravida Munnetra Kazhagam (hereinafter

called as AlADMK). He has successfully contested in the election and

declared elected to the State Assembly five times i.e., in the year 1989,

1991, 2011, 2016 and 2021 from Edappadi Constituency in the State of

Tamil Nadu. That apart, he had also contested to the parliamentary election

and was elected to the Lok Saba from Tiruchencode in the year 1998.

3. It is further case of the applicant that the AIADMK is a recognized

State Political Party having its headquarters at No. 226, Avvai Shanmugam

Salai, Royapettah, Chennai-600 014 within the territorial jurisdiction of this

Hon'ble Court. The political party AlADMK enjoys the reputation being

only Political Party which has been elected successively to power in the

Assembly Elections, i.e., in the years 2011 and 2016. The party AlADMK

was founded by Dr. Puratchi Thalaivar M.G. Ramachandran, in the year

1972. Thereafter, it was led by Dr. Puratchi Thalaivi J. Jayalalithaa ever

since the year 1989. The Party was elected in her leadership to power in the

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O.A.No.446 of 2022

in C.S.No.149 of 2022

year 1991, 2001, 2011 and 2016. Owing to sudden illness of Dr. Puratchi

Thalaivi J. Jayalalithaa she was hospitalised on 22^nd September, 2016 at

Apollo Hospitals, Greams Road, Chennai. She had succumbed to her illness

on 5th December, 2016. Thereafter, one Mr. O. Panneerselvam was sworn

in as Chief Minister on 6/12/2016. Subsequent to the Hon'ble Supreme

Court pronouncing the verdict, in a case which was on appeal, on 14th

February, 2017, the General Council of the Party had met and elected him as

their Leader. The Government was formed on 16/02/2017 and he sworn in

as the Chief Minister on the said date.

4. The applicant states that he enjoys an unblemished track record as

politician. Never during his tenure as the Minister for Highways and Minor

Ports which was held by him between the year 2011 and 2021 he was not

alleged of any kind of favouritism or deviated practise. During his regime as

Chief Minister, State of Tamil Nadu was the best performing big state

overall from the year 2018 to 2021. During his reign, he introduced various

schemes like Kudimaramaththu Work, FAME India scheme and Amma

Patrol in Tamil Nadu to ascertain the security of women and children in

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O.A.No.446 of 2022

in C.S.No.149 of 2022

public places. The Tamil Nadu then became India's second-largest economy.

In 2020, the study "States of the State" of India Today, the Government led

by him had topped in 11 categories from a total of 12, including economy,

tourism, infrastructure, inclusive developme