The Madras High Court today directed AMMK leader TTV Dhinakaran to file a counter to a plea by the AIADMK seeking to prevent him from using his party flag with black, white and red colours as it was deceptively similar to the ruling party's flag.
Justice C V Karthikeyan directed Dhinakaran, who recently launched the Amma Makkal Munnetra Kazhagam (AMMK), to file the counter and posted the matter for further hearing to March 27.
In his civil suit, plaintiff AIADMK co-coordinator K Palaniswami sought a permanent injunction against Dhinakaran from using any colour similar to that of AIADMK flag.
He submitted that the Election Commission had on November 23, 2017 held that the faction then led by Dhinakaran was not the original AIADMK.
Dhinakaran has challenged the EC order before the Delhi High Court which has not granted any stay on it.
Palaniswami has submitted that the AIADMK flag was described in rule 4 of the Rules and Regulations of the party which stated that the upper half should be black, the lower half red and the bust of late chief minister C N Annadurai superimposed in white in the middle.
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The flag set the AIADMK apart from the other parties and gave it a unique identity for four decades since its launch in 1972, he has contended.
He contended that if Dhinakaran was permitted to use the black, red and white colour flag, it would cause confusion among the general public.
Dhinakaran's party flag features the image of a smiling late chief minister Jayalalithaa. The flag is black on top and red below with white in the middle.