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2014 DIGILAW 3781 (MAD)

Petitioner v. Respondent

2014-10-13

M.VENUGOPAL

body2014
Judgment : M. Venugopal, J. 1. The Petitioner, has projected the present Miscellaneous Petition seeking to implead Purgan Beevi as Fourth Respondent in the main Writ Petition. 2. The reason ascribed by the Petitioner for impleading the proposed Fourth Respondent in M.P. (MD) No.1 of 2013 is to the effect that out of love and affection the Petitioner's mother executed a Will dated 31/5/1982 in his favour in respect of the houses in question and in reality, major portion of the house is covered in the Will. Moreover, his mother also specifically made a mention in the said Will as to why she had executed the Will in his favour and in fact, she died on 21/12/1992. The Will executed in favour of the Petitioner had come into force after the demise of his mother. Moreover, he executed a Settlement Deed in favour of his son and daughter and they are enjoying the property. 3. Apart from the above, the Petitioner's brother Muthalief had no right over the property given to the Petitioner by his mother through Will dated 31/5/1982. But the said Muthalief filed a partition suit in O.S.No.99 of 2009 on the file of the Learned Principal Additional District Munsif Court, Madurai and in the said suit, he had shown his address as 2/607 L.K.P.Nagar, Sakkimangalam. 4. In the said suit, the Petitioner filed a written statement inter alia stating that the said Muthalief was residing at L.K.P.Nagar for the past 30 years and also stated in the written statement that the said Muthalief had no right over the property and added further, he had no cordial relationship with his family. At the instigation of Petitioner's son Mydeen Madurai, wife of the said Muthalief, obtained death certificate from the Second Respondent, as if her husband died at No.6 Karpaga Vinayagar Koil Street, K.Pudur, Madurai 7. Also, the Petitioner filed I.A.No.256 of 2010 on the file of the trial Court seeking interim injunction against the family members of Muthalief resulting them from bringing the body of Muthalief in the house at Door No.6 Karpaga Vinayagar Koil Street, K.Pudur, Madurai 7. Ultimately, his body was buried at L.K.P.Nagar Pallivasal. 5. Also, the Petitioner filed I.A.No.256 of 2010 on the file of the trial Court seeking interim injunction against the family members of Muthalief resulting them from bringing the body of Muthalief in the house at Door No.6 Karpaga Vinayagar Koil Street, K.Pudur, Madurai 7. Ultimately, his body was buried at L.K.P.Nagar Pallivasal. 5. The main grievance of the Petitioner as seen from paragraph 6 in M.P.(MD) No.1 of 2013 is that the wife of the said Muthalief, her daughter and her son-in-law hatched a conspiracy and obtained a certificate from Sungam Palli Vaasal Jamat, as if her husband died at No.6 Karpaga Vinayagar Koil Street, K.Pudur, Madurai 7. The wife of Muthalief obtained legal heir certificate to the Second Respondent by enclosing certificate issued by Sungam Palli Vaasal Jamat. Pursuant to the certificate issued by the Jamat, the Second Respondent issued a legal heir certificate. In the legal heir certificate, the Second Respondent mentioned the death place as No.6 Karpaga Vinayagar Koil Street, K.Pudur, Madurai 7 and also, they had filed the legal heir certificate in a Suit in O.S.No.99 of 2009. 6. In the above said backdrop and in the light of the quantitative and qualitative details projected by the Petitioner, the Petitioner has thought fit to implead Pugan Beevi, W.o.Late Muthaleef, residing at 2/607 L.K.P.Nagar, Near Mosque, Ilamanoor Post, Sakkimangalam Via, II Bit, Madurai as proposed Fourth Respondent in the main Writ Petition. The Petitioner has filed the Miscellaneous Petition in M.P.(MD) No.1 of 2013 on 28/3/2013. However, the Petitioner has focussed the instant Writ Petition in W.P.(MD) No.4173 of 2013 on 14/3/2013. 7. In view of the fact the Petitioner feels that one Purgan Beevi/the proposed Fourth Respondent in the Writ Petition is a proper/necessary party for the purpose of an effective and efficacious adjudication of the main Writ Petition, this Court acceding to the request of the Petitioner made by him in M.P.(MD) No.1 of 2013 in W.P.(MD) No.4173 of 2013 in the interest of Justice, directs issuance of notice to the proposed Fourth Respondent through Court and Post returnable by 6/11/2014. The Petitioner is directed to take appropriate steps in this regard. 8. Registry is directed to list the main Writ Petition on 6/11/2014.