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Justice P Rajamanickam was hearing the petition by Dravidar Viduthalai Kazhagam, a fringe outfit.
State Public Prosecutor A Natarajan submitted the petitioners had approached the court without seeking the alternative remedy available to them.
Justice Rajamanickam asked the counsel for the petitioners if they would withdraw the petition.
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Rajinikanth made the controversial remarks against Periyar recently at an event organized here by Tamil magazine ‘Thuglak’.
“In 1971, at Salem, Periyar took out a rally in which the undressed images of Lord Sriramachandramoorthy and Sita with a garland of sandal-featured..,” he had said.