Probe cases filed in SC on behalf of dead woman: Madras High Court

Chennai: Madras high court has directed police to conduct investigation against persons for taking Supreme Court for a ride by filing cases before the court on behalf of a dead woman to grab a prime property in Anna Nagar.

Judge P.N. Prakash, before whom a criminal original petition filed by S.N. Kulasekaran, 82, came up for hearing, has directed inspector, Tirumangalam police station to conduct probe and file final report before the jurisdictional court in six months and also submit a compliance report before this court.

The judge also directed the registry of the court to forward a copy of this order to the Registrar General of the Supreme Court, with a request to place the matter before the Chief Justice of India and to take appropriate action in respect of civil appeal filed by deceased, S Rajeswari and against persons responsible in filing the petition in the name of a dead person and pursuing the same without disclosing the material facts before the Supreme Court.

Kulasekaran purchased a vacant site measuring 10 cents at Anna Nagar, Chennai, from Robert through a registered sale deed in 1969. Later, he moved to Bengaluru. During 1981, some strangers attempted to trespass into his land. Therefore, he filed a suit in 1981 before district munsif court at Poonamallee, against the trespassers for a declaration that he has the title to the property. He also sought a recovery of possession and permanent injunction. The suit was decreed by order dated November 25, 1988. Since then he has been facing series of litigation before civil court, Madras high court and Supreme Court. The cases were filed on behalf of S Rajeswari, who died in 2003. Ten years later, Rajeswari preferred civil appeal before the Supreme Court. And he came to know about the death of the petitioner. During preliminary probe, her sons also stated that Rajeswari had not possessed any property in Thangam Colony, Anna Nagar.

 When the petition came up for hearing, the judge said certain persons with vested interest are conducting litigations in the name of a dead person and are freely forging documents and are filing the same before the Supreme Court. Kulasekaran having purchased property as early as 50 years ago and at present, running 82 years, is unable to enjoy the fruits of his property.

The persons who are responsible in conducting such litigations in the name of a dead person and forging documents must be punished by the long arm of the law. But for the civil appeals, Kulasekaran would have enjoyed the property, which was also supported by the earlier orders of the court. His attempt to execute the decree obtained by him from a competent civil court was thwarted by the obstructing game played by the criminals who are still at large.