Madras HC allows AIADMK to file appeal in Jayalalithaa residence case

The court said that not approaching the court at the relevant time and approaching the court now is a factor that may be considered if necessary

A division bench of the Madras High Court on Wednesday allowed AIADMK party and former minister C. Ve Shanmugham to file an appeal against a single bench order transferring the rights of the residence of former Chief Minister late J Jayalalithaa to her niece and nephew.

Division Bench of Justices Paresh Upadhyay and Sathi Kumar Sukumara Kurup granted leave to both the AIADMK party and Shanmugham to file appeal.

The court, however, said that not approaching the court at the relevant time and approaching the court now is a factor that may be considered if necessary while hearing the appeal.

Senior Advocate A L Somayaji, while appearing for AIADMK and Shanmugham, said that the petitioners are the proteges of the late Chief Minister who was popular for her social welfare schemes and for bringing agricultural reforms.

Read | Niece gets keys to Jayalalithaa's Poes Garden bungalow

The senior counsel also said that bonafide or precise connection with the leader is enough for moving the appeal and both AIADMK and C Ve Shanmugham were close to the former Chief Minister. He also said that as the present DMK government was not moving the appeal, AIADMK and Shanmugham were doing that.

The counsel appearing for J Deepak, nephew of late J Jayalalithaa and one of the heirs of her residence said that the whole process related to the handing over of the late Chief Minister's residence 'Veda Nilayam' was over and that both J Deepak and J Deepa had taken possession of the residence on last Friday itself and the entire procedures pursuant to the single judge's order were completed. The advocate also argued that AIADMK and Shanmugham had no locus standi regarding the residence of the late Chief Minister.

A single judge bench of Justice N Seshasayee had quashed the order of the Tamil Nadu Revenue department in acquiring the residence of Jayalalithaa, Veda Nilayam at Poes Garden to be converted to her memorial museum. The court in its order on November 24, 2021, said that the property belongs to the rightful heirs of the late Chief Minister, J Deepa and J Deepak who were her niece and nephew. The court also came down heavily on the AIADMK and the present state government and said that the late Chief Minster already had a memorial at Marina.

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