Madras High Court
Sri Pathrakaliamman Kovil vs The Branch Manager on 25 January, 2021
C.R.P.(MD) No.60 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.01.2021
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU
C.R.P.(MD) No.60 of 2021
Sri Pathrakaliamman Kovil
Hindu Nadar Uravinmurai
Represented by its – The Secretary
Pattiveeranpatti
Nilakottai Taluk
Dindigul District ...Petitioner/Petitioner
-Vs-
1.The Branch Manager
Lakshmi Vilas Bank
Iyyampalayam
Nilakottai Taluk
Dindigul District
2.The Branch Manager
The Dindigul Central Co-operative Bank Ltd.,
Pattiveeranpatti, Nilakottai Taluk
Dindigul District ...Respondents/Respondents
Prayer: Civil Revision Petition filed under Article 227 of Constitution
of India, to number the unnumbered Probate O.P.No. / 2020 on the file
of the Principal District Court, Dindigul.
For Petitioner : Ms.B.Asha
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C.R.P.(MD) No.60 of 2021
ORDER
This Civil Revision Petition has been filed to number the
unnumbered Probate O.P.No. / 2020 on the file of the Principal District
Court, Dindigul.
2. The case of the petitioner is that one M.Sankaralingam is the
present Secretary of Sri Pathrakaliamman Kovil, Hindu Nadar
Uravinmurai, Pattiveeranpatti. The said temple is governed by Hindu
Nadar Uravinmurai, Pattiveeranpatti and it was established in the year
1910 and registered under Societies Act on 31.03.1938. The said temple
is administering it own bye laws and regulations. Be that as it may, one
M.M.Alagarsamy, resided in Iyampalayam Village, Aathur Circle,
Dindigul District, is a member of the above sangam for the past 50 years.
He paid annual subscription to the said sangam regularly. He married one
A.Alagammal and out of wedlock, no issues was born to them. He was
the devotee of Lord.Pathrakaliamman and visited the said temple
frequently. In this circumstance, he died on 17.07.2020 due to illness.
Being a member of the above said sangam and no issues, all his
cremation ceremony was performed by the sangam. His wife also died on
19.07.2020. Her cremation ceremony was also performed by the said
sangam. According to the petitioner, the said late.M.M.Alagarsamy
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C.R.P.(MD) No.60 of 2021
executed a Will dated 10.07.2012 and it was duly registered at the office
of Sub Registrar Iyampalayam vide document No.30 of 2012. The Will
was attested by two witnesses namely N.Illangovan and K.P.Vetrivel
respectively. In that Will, he bequeathed the deposit amount which is in
the custody of the respondent Bank in Savings Bank Account No.
316-301-22230 to Sri Pathrakaliamman Kovil, Pattiveeranpatti. Hence,
the petitioner sangam filed a probate O.P before the learned Principal
District Judge, Dindigul to probate the Will of deceased Alagarsamy vide
Document No.30 of 2012 dated 10.07.2012 in favour of the Secretary,
Sri Pathrakaliamman Kovil, Pattiveeranpatti. On 19.11.2020, the learned
Judge returned the bundle stating that how the petition is maintainable?.
The said petition was represented by the petitioner stating that Sections
266 and 268 of Indian Succession Act grant powers to District Court
Judge in relating to probate and administration. On 17.12.2020 again the
case was returned under Section 223 of Indian Succession Act.
Aggrieved over the same, the present Civil Revision Petition has been
filed by the petitioner.
3.The learned counsel for the petitioner would state that Sub
Section (2) of Section 218 of Indian Succession Act shows that it grants
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C.R.P.(MD) No.60 of 2021
to the Court ample discretion in the matter of letter of administration
where a testator dies intestate. The letter of administration or probate can
only be granted to those who are named in those sections; the object
being that the duties and functions of an executor in whose favour letter
of administration is granted, is required to carry out the directions
contained in the Will faithfully, diligently and effectively. The society
registered under the Act is entitled in law to seek letters of
Administration and such a society is not disqualified within the
parameter of Section 236 of the Act. In support of her contention, she
relied on the following Judgments:
(i) Jain Society for the Protection of Orphans for India
Vs. The State – reported in AIR 2001 Delhi 484 ;
(ii) Illachi Devi (D) by Lrs. And others Vs. Jain Society,
Protection of Orphans India and others reported in AIR 2003
SC 3397;
Hence, the learned counsel sought before this Court to direct the
learned Judge to number the unnumbered Probate O.P. of 2020 and
allow this Civil Revision Petition.
4.Heard the learned counsel for the petitioner and perused the
materials available on record.
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C.R.P.(MD) No.60 of 2021
5.Considering the facts and circumstances of the case and also
considering the submission made by the learned counsel for the
petitioner, this Court is of the opinion that the petitioner shall enclose
the above cited Judgments and comply with the requirements of the
Judgments to authorise a person to file the case. On such compliance, the
Court below may number the petition.
6.With the above observation, this Civil Revision Petition is
disposed of. No costs.
25.01.2021
Index : Yes/No
Internet : Yes/No
msa
Note: 1.Registry is directed to return the original petition
(unnumberd) Probate O.P. of 2020 to the counsel for the
petitioner after getting attesting copies of same.
2.In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
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C.R.P.(MD) No.60 of 2021
J.NISHA BANU,J
msa
To,
1.The Principal District Judge
Dindigul.
2.The Section Officer,
E.R.Section/V.R.Section,
Madurai Bench of Madras High Court, Madurai.
C.R.P.(MD) No.60 of 2021
25.01.2021
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