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2012 Supreme(Mad) 801

S.PALANIVELU
Santha Soruban – Appellant
Versus
State rep by the Inspector of Police, Kodaikanal Police Station – Respondent


ADVOCATES APPEARED:
B. Kumar Senior Counsel for A.V. Arumugam, for Petitioner
P. Kandasamy, Government Advocate (Crl. Side) for C. Vakeeswaran for Respondents

ORDER

1.1 The petitioner is 4th accused in Cr. No. 342 of 2007 on the file of the Kodaikanal Police Station. One Unnikrishnan has lodged the complaint, who is Power of Attorney for 11 persons who are legal heirs of P. Gerald Walter and his wife Ms. Teresa G. Walter. In the complaint he has alleged that Ms. Theresa G. Walter had purchased the properties on 22.12.1959 in T.S. Nos. 62, 64 and 65. She was in possession of 8.50 acres in T.S. No. 67/1, which are situate in Vilpatti Village, Kodaikanal Taluk, Dindigul District. She appointed her son H.J. Walter as Power Agent who executed 3 sale deeds on 5.8.1987, 10 cents in S.F. No. 686/2 and New T.S. No. 65 with a right of pathway through T.S. No. 70 was sold to this petitioner. The father of the petitioner purchased 25 cents in T.S. No. 66. Another 25 cents was sold to one Jagadeesan in T.S. No. 66. On the strength of Power of Attorney given by his mother, H.J. Walter, on 17.3.1987, sold 61 cents in T.S. No. 62 to Santha Shobana.

1.2 All the remaining properties were in possession of Ms. Teresa G. Walter. The father of the petitioner by name Santha Gunam was very much attached to Ms. Teresa G. Walter. On 21.5.1991 she executed a Will be













































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