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September 1, 1998

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HC stays proceedings against health minister

The Madras high court today stayed all further proceedings against senior Dravida Munnetra Kazhagam leader and Tamil Nadu Health Minister Arcot N Veerasamy, pursuant to the issue of summons by the chief metropolitan magistrate on a defamation suit filed by AIADMK chief J Jayalalitha for alleging that she was behind last year's attack on former state chief secretary T V Venkataraman.

Admitting the revision petition filed by Veerasamy against the CMM's order dismissing his preliminary objection petition and issuing summons to him, Justice R Balasubramaniam ordered the issuance of notice, returnable by three weeks, to Jayalalitha.

Jayalalitha, through her power of attorney V S Sethumaran, had filed the suit against the minister. On April 23 last year, the CMM had dismissed the complaint. The high court later dismissed her revision petition.

Jayalalitha, however, moved the Supreme Court which directed the CMM to issue summons to Veerasamy. The apex court had also made it clear that it was open to Veerasamy to raise preliminary objections that the petition, under Section 199 of the CrPC, could not be made through a power of attorney and that it should be preferred only by the aggrieved person.

On July 31 last, the CMM rejected Veerasamy's objections and issued summons to him.

In his revision petition, he said the representative of the aggrieved person must satisfy the court that he or she was unable to personally make the complaint due to sickness. But there was no such affidavit either by Jayalalitha or her representative, he added.

UNI

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