E.R. SATHISKUMAR Vs. K.S. KRISHNAMOORTHY

JUDGEMENT

(1.) THIS civil revision petition is directed against the order of the learned District Munsif, Madurai Taluk returning the plaint filed by the petitioners for a declaration that their brother E.R.Saravanan was dead, as his whereabouts were not known and as he has not been heard of more than 7 years.

(2.) IN the plaint, it was the contention of the petitioners that their brother E.R.Saravanan was employed in the Madurai City Municipal Corporation as Record Clerk. While so, they have received a letter dated 7.4.1999 from Madurai Corporation stating that their brother Saravanan has gone on medical leave from 5.2.1999 to 27.3.1999 and that he did not report for duty on 28.3.1999. Subsequently, the Municipal Corporation have sent a letter dated 23.4.1999 addressed to Saravanan directing him to report for duty within three days from the date of receipt of the letter, failing which it was indicated that he would be suspended temporarily. Since their brother Saravanan failed to report for duty before the Corporation, he was suspended as per proceedings dated 30.7.1999. Subsequently, the Corporation made a paper publication in Malaimurasu, dated 22.1.2002 informing the public that the said Saravanan was suspended with effect from 30.7.1999 and later he was dismissed from service, as per proceedings dated 5.9.2002.

(3.) IT was the further contention of the petitioners that their brother was having close contact with the defendant and though they have enquired with the defendant about the whereabouts of Saravanan, the defendant stated that he has no information about Saravanan from the year 1999. It was further contended in the plaint that they have not known the whereabouts of the said Saravanan for seven years and as such, as per Section 108 of the Indian Evidence Act, he is deemed to be dead. A police complaint has also been given on 5.1.2000 with respect to the disappearance of Saravanan. Accordingly, the plaintiffs have prayed for a declaration that their brother Saravanan is presumed to have been dead, as he is not found for the past seven years.