Kodanad defamation case: Specify portions sought for removal from defendant’s written submission, Madras HC directs EPS

CHENNAI: The Madras High Court has directed AIADMK general secretary Edappadi K Palaniswami (EPS) to amend a petition against Mathew Samuel, seeking to expunge certain remarks made by the Delhi-based journalist in his written response to the defamation case filed by the former CM in connection with the Kodanad heist and murder case.

Justice G Jayachandran while hearing an application moved by EPS to strike down certain portions from the written submission of Mathew Samuel asked the Leader of Opposition to specifically mention the portions he objects to.

The judge wondered why the application was filed belatedly to the defamation suit as it was first initiated in 2019. He also told Palaniswami that filing an application to expunge a certain portion of the defendant's statement is not necessary. It was also observed by the judge that both parties' statement has to be tested based on legal grounds.

Senior counsel SR Ragunathan, representing Palaniswami, submitted that the statement of Samuel would affect the trial. “He has gone out of the scope and made scandalous, frivolous remarks about my client's life,” said the counsel. The counsel relied upon Rule 16 and Order 6 of the Civil Procedure Code and submitted that the court can strike down the portions of the written submissions at any stage of the pleadings. He submitted that Samuel didn't defend his allegation against EPS on facts but made a malicious statement which is not relevant to the case and sought to strike down the certain portions as mentioned by his client.

The counsel appearing for Mathew Samuel submitted that all the portions from his client's statement are relevant to the case and need not to be expunged.

After the submissions, the judge directed Palaniswami’s counsel to file an affidavit enclosing precisely which portions to be expunged and the matter was posted to November 27 for further submissions.

In 2019, AIADMK general secretary filed a defamation suit seeking damages of Rs 1.10 crore from Mathew Samuel and his team as well as the Kodanad case accused V Sayan and C Valayar Manoj, of releasing a video accusing Palaniswami’s involvement in the heist and murder.

The court appointed an advocate commissioner at the request of the former CM to record his evidence. After recording the evidence, written submissions were filed before the court. However, objecting to certain portions of Samuel's written submission, EPS filed the application.