Chenna

HC to commence hearing case on Jaya’s properties from April 25

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Judges direct I-T dept. counsel to submit details of liabilities

The Madras High Court on Wednesday decided to commence hearing from April 25 the contesting claims made by former Chief Minister Jayalalithaa’s nephew J. Deepak and niece J. Deepa on one hand and two All India Anna Dravida Munnetra Kazhagam (AIADMK) members K. Pugazhenthi and P. Janakiraman on the other seeking ‘Letters of Administration’ to manage the properties left behind by her.

Justices M.M. Sundresh and C. Saravanan also directed Income Tax department counsel A.P. Srinivas to submit details of Jayalalithaa’s liabilities before commencement of hearing on pleas for issuance of Letters of Administration. The details were called for since during the hearing of another case before a different Bench, the department had claimed that her Poes Garden residence - Veda Nilayam - itself was under attachment.

Then, it was stated that not only Veda Nilayam, but also a commercial space owned by Jayalalithaa at Parsn Manere on Anna Salai in Chennai, one more property on St. Mary’s Road here and a residential bungalow in Hyderabad’s Sri Nagar Colony were also under attachment since 2007 for recovery of income tax arrears. The IT officials had intimated the attachment to the Sub Registrar offices too in 2008 to prevent sale of those properties without their consent.

During the course of hearing on Wednesday, Mr. Deepak’s counsel S.L. Sudarsanam told the court that a single judge of the High Court had already dismissed the two AIADMK cadres’ plea and hence they had preferred an appeal before the Division Bench. Subsequently, his client filed an application before the single judge for issuing a Letter of Administration in his favour and made Ms. Deepa alone as a respondent to the case.

Nevertheless, the two AIADMK members preferred a caveat petition before Justice R. Subramanian who discharged the caveat on the ground that the duo had no caveatable interest in the case. He also directed that the case filed by Mr. Deepak be clubbed with the appeal pending before the Division Bench because otherwise they may lead to passing of conflicting judgements. Accordingly, all the cases were posted together before the Division Bench on Wednesday.

Ms. Deepa’s advocate D. Sai Kumaran too told the court that she and her brother were the only Class II legal heirs of Jayalalithaa and hence they were entitled to seek Letters of Administration to her properties under the provisions of the Indian Succession Act of 1925 read with the provisions of the Original Side rules of the High Court. He contended that the two AIADMK members were rank outsiders and they had no locus standi to seek Letters of Administration.

EOM

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