EPS wins defamation suit; Madras high court orders Rs 1.1cr damages

CHENNAI: Desecration of reputation of public personalities has become a child’s play in this era of social media, rued Madras high court on Thursday, ordering payment of Rs 1.1 crore as damages to AIADMK general secretary and former chief minister Edappadi K Palaniswami in a civil defamation suit.

Justice R M T Teeka Raman, who passed the order on the suit filed by Palaniswami, also permanently restrained S Dhanapal, brother of S Kanagaraj, the deceased prime suspect in the Kodanad murder-heist case, from linking the former chief minister to the crime in any manner in future.

On April 23, 2017, less than five months after the then chief minister Jayalalithaa’s death, her summer retreat, the Kodanad tea estate, was burgled. A guard was murdered, and another was injured that night.

Kanagaraj, who was driver at the estate and a prime suspect in the murder-heist, died in a road accident, while another suspect, Sayan, had a narrow escape in a road accident though his wife and child died. Dhanapal, the elder brother of Kanagaraj, gave several interviews dragging Palaniswami’s name into the incident, prompting the latter to file the present civil suit.

Calling the present social media scenario as a sorry state of affairs, Justice Teeka Raman said: “Anyone can open a social media account and post messages. Thousands of likes and dislikes are received.”

Slamming this ‘viral’ trend, the judge said, “social media platforms, instead of aiding people with positive data for human evolution and better living standards, now provide a fertile soil for the growth and mushrooming of unfortunate human tendency.”

“The damage that the plaintiff (Palaniswami) suffered as a result of the tweets/chats of the defendant (Dhanapal) is apparent,” the judge said.

From a plain viewing of the video clipping, it is evidently clear that the intention of Dhanapal is to bring disrepute to Palaniswami and aimed at lowering the image of the Palaniswami in the eye of the viewers, he said. “The contents in the video are per se false and motivated by malicious intent. The choice of words clearly exposes the intention of Dhanapal and his singular move is to malign Palaniswami and cast aspersion on his character and conduct,” said Justice Teeka Raman.

Pointing out that Dhanapal did not rebut the allegations despite notice and opportunities, the judge said that in the absence of any explanation and a valid defence he had to conclude that the statements were nothing but targeted to tarnish the image and reputation of Palaniswmai.

Considering the gravity of the allegation, the effect of the publication and the nature of Palaniswami’s reputation, the court fixed Rs 1.1 crore as fair compensation payable to Palaniswami.


“When a man walks, his reputation walks ahead of him. Reputation is an integral part of the man, and it enables him to walk with his head held high in pride. The bell can't be un-rung and hence compensation to be awarded,” observed Justice Teeka Raman.


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