Madras HC grants possession of AIADMK headquarters to Palaniswami

The judge directed the government to remove the seal and hand over the keys to Palaniswami and also asked the police to provide adequate protection to the office

Edappadi K Palaniswami scored another victory over his rival O Panneerselvam on Wednesday, with the Madras High Court ordering that the AIADMK headquarters’ keys be given to the former.

The court ordered the Revenue Development Officer (RDO) to hand over the keys of the party headquarters—which was sealed on July 11—to Palaniswami as he was the party’s interim general secretary.

Justice N Sathish Kumar also asked Palaniswami not to permit any cadres or supporters inside the AIADMK headquarters on Avvai Shanmugam Salai for a month, considering the “overall situation”, while directing the police to ensure proper ‘bandobast’ and protection to the premises round the clock.

“The 1st Respondent (Revenue Divisional Officer-cum-Sub-Divisional Magistrate, South Chennai Division) is directed to handover the possession to the 'A' party i.e., Interim General Secretary of the AIADMK party, Edappadi Thiru K Palanisamy forthwith,” justice Sathish Kumar wrote in his 61-page order.

The judge also asked the registry to keep the pen-drive containing video footage in a sealed cover and keep it in safe custody and copies of photographs in the case bundle. The court order is a major victory for Palaniswami, who was appointed interim general secretary by the AIADMK General Council on July 11, 2022.

The AIADMK headquarters was sealed on July 11 after violence erupted between supporters of Palaniswami and Panneerselvam over the control of the party. The High Court order came after the two leaders filed separate petitions seeking to overturn the seal order.

The judge also criticised the RDO, saying both orders passed under Sections 145 and 146(1) were done so without using sound logic and strategy, and didn’t even provide a proper reason. “Preliminary enquiry did not reflect the application of mind as to who was in possession or none of them are in possession, or the officer was not able to find who was in possession.

“Only in such a scenario the question of attachment could be passed. Without doing so, mechanical order attaching the property of the headquarters of the prime opposition party of the state will strike the very democratic process which amounts to oppression,” the judge noted.

The judge, in his observations, also came down heavily on the police saying the “so-called violence” could have been avoided if the police had acted promptly.

“The person entering into (sic) the premises with supporters, with police escorts, is not an ordinary person. He held the Chief Ministerial post. His conduct in entering into the premises at the last minute, anticipating that 'B' party may not get any support in the General Council, created a warlike situation which led to violence,” the judge said in his order.

The judge also said unless the General Council resolutions are held to be invalid by the competent civil court, the majority decision of the General Council will prevail over. “Till such a decision is nullified by any court of law, the decision will be binding on the parties who were governed by bye-law whether they are 'A' Party or 'B' Party. It is also now stated that 'B' Party has been expelled from the party itself,” he added.

The judge also came down on Palaniswami, saying since he stated to have taken democratic stand of calling the General Council meeting, he should not have allowed their cadres in front of the office on the same day. “This aspect also clearly shows that both leaders have not bothered about the law-and-order problem,” the judge observed.