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2018 Supreme(Mad) 4030

M.VENUGOPAL, R.PONGIAPPAN
D. S. Mani alias D. Subramani – Appellant
Versus
Commissioner, Corporation of Chennai, Chennai – Respondent


Advocates Appeared:
For the Petitioner:R. Udayakumar, Advocate
For the Respondents:V.C. Selvasekaran, S.N. Parthasarathy, Government Advocate, P.R. Dilip Kumar, N. Ramesh, R7, M/s. Vincent & Vincent Christopher Kishore, S. Annamalai, Advocates

JUDGMENT :

M. Venugopal, JJ.

1. Heard both sides.

2. The Petitioner in his representation/complaint dated 13.01.2017 addressed to the 6th Respondent/Assistant Engineer, Corporation of Chennai, War-64 Office, Anjugam Nagar, 4th Street, Kolathur, Chennai had stated that the property bearing No.15/29, 1st Street, Haridass Nagar, Kolathur, Chennai – 600 099, a vacant house site admeasuring about 4788 sq.ft. originally belonged to one Jayavel [7th Respondent – since deceased and his Legal Representative has been substituted as per order dated 28.06.2018 in W.M.P.No.2456 of 2018] and his wife Pappammal, they having jointly purchased the same by means of a registered Sale Deed. During their life time, they had constructed a house and lived therein and the said Pappammal died leaving behind a Will bequeathing her one half undivided share of right in the schedule property in question in the name of his brother's son Sridhar (Petitioner's son) and appointed the Petitioner as the Executor under the Will etc.

3. Apart from that, the complaint of the Petitioner dated 13.01.2017 proceeds to point out that when the existence of Will was brought to the notice of the 7th Respondent (later died), he ign










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