SATHRASALA SHARATH BABU Vs. SHANTHILAL KOTHARI

JUDGEMENT

(1.) THIS writ petition seeking direction directing the respondents 8 to 12 to demolish the illegal construction put at 140 Govindappa Naicken street, Chennai-79.

(2.) THE petition averments are as under: the grand father of the petitioner was the plaintiff in C. S. No. 770 of 1997 filed before this Court. After the death of the grand father, the writ petitioner impleaded himself as plaintiff in that suit. The petitioner's grand father was the owner of the land and building bearing D. No. 140, govindappa Naicken street, Chennai. After the death of his wife, the petitioner's grand father remained unmarried and he was left with no issues. He was living in the said building, the major portion of the same was used as a lodge. The petitioner's grand father had a trusted maid servant who served him all her lifetime and while the servant maid was alive, a girl by name Selvi acquainted herself with the trusted servant maid. The said Selvi was appointed by the petitioner's grand father to assist the servant maid. The said Selvi stepped in the shoes of the servant maid after her death. It is stated that the said Selvi developed illegitimate intimacy with the first respondent herein, who was a tenant in occupation of a portion of the ground floor. As the grand father was 86 years old at that time, the said selvi become in charge of all the affairs of the grand father including handling cheque books, collecting the rent, depositing the money into bank, withdrawing the money for expenses, using the bank locker etc. The lodge was closed down as the said Selvi told the petitioner's grand father that she was not able to manage the lodge as well as look after the grand father. After sometime, the grand father developed urinary infection and he was kept in the bed-room on the second floor and no modes of communication was available to him. The petitioner's grand father wanted to endow the property after his lifetime by creating a trust for charitable purpose. The said Selvi and the first respondent under the guise of taking steps for creation of such trust made the grand father to execute certain documents and also made him to sign documents in some blank papers.

(3.) AFTER the execution of the documents as stated above, the said Selvi started ill-treating and neglecting the grand father. Within three months the grand father was made to sign some papers under the threat of being killed. Due to such torture and neglect, the grand father became extremely sick. One day the grand father managed to use the telephone and communicate to the petitioner. Immediately, he rushed to the place and with the help of the police he managed to rescue his grand father and give him medical treatment. After his condition improved, he was shifted to petitioner's residence. The grand father thereafter narrated the entire facts to the petitioner relating to the torture and ill-treatment meted out to him at the hands of Selvi and the first respondent and the documents and other papers signed by him.