Chennai: Pointing out the media reports that the government is initiating to take over the Poes Garden residence of the former Chief Minister Late J. Jayalalithaa, measuring an extent of 10 grounds, in order to make it as a memorial and public hearings are also being held, the Madras high court on Wednesday suo motu impleaded the state government as a party to an appeal which sought appointment of administrators to administer the properties of Jayalalithaa worth over Rs 913 crore.
A division bench comprising Justices N. Kirubakaran and Abudl Quddhose also impleaded the income tax department and Enforcement Directorate in order to ascertain the exact assets and liabilities of Jayalalithaa.
The bench had on December 18 directed J. Deepa and J. Deepak, niece and nephew of Jayalalithaa to verify as to whether the properties disclosed by Jayalalithaa in the affidavit filed before the Election Commission and the properties shown in the judgment of the Supreme court in disproportionate wealth case, are correct or not.
When the appeal from K. Pugazhendi came up for hearing on Wednesday, Rani, counsel for Deepa, sought more time to file the reply of Deepa since she was held up in Kerala.
S.L. Sudarsanam, counsel appearing for Deepak submitted that he was adopting the affidavit filed before the election commission. There were some additional properties mentioned in the judgment of the Supreme Court. Moreover, Jayalalithaa had borrowed Rs 1.60 crore from the Indian Bank, which liability was not shown in the affidavit. Moreover, in a Gift tax case, Jayalalithaa had won her case. Against which the Income Tax department had filed an appeal and it was pending. In case, if the appeal was allowed, then there will be more liability, he added.
When the bench asked as to who was the proper authority to inform the court what was the exact assets and liabilities of Jayalalithaa, advocate M.Baskar, appearing for the Administrator General and Official Trustee said the Income Tax department and Enforcement Directorate will be the proper authorities to give details of the assets and liabilities of Jayalalithaa.
The bench said it was reported by counsel appearing for Deepak that certain proceedings have been initiated by Indian Bank before the Debt Recovery Tribunal with regard to non-payment of the borrowed money by the late Chief Minister Jayalalithaa. However, the borrowing of money has not been disclosed by her in the affidavit filed by her before the election commission in the year 2016. Similarly, income tax authorities were said to have filed a tax case before this court questioning the order passed by the lower authorities.
In case, if the said appeal was allowed, the liability has to be discharged from the estate. Therefore, this court would like to know the assets possessed by Jayalalithaa and equally the liability. In view of the same, it was appropriate to implead the IT department and ED as they alone would be in a better position to give the details of assets and liabilities of Jayalithaa, the bench added and posted to January 7, further hearing of the case.
Originally, Pugazhendhi, the South Chennai District Deputy Secretary of J.Jayalalithaa Peravai and one P.Janakiraman of Nesapakkam had filed petitions to appoint them as administrators to administer the properties of Jayalalithaa worth over Rs 913 crore. Justice C.V.Karthikeyan had dismissed the petitions. Aggrieved, Pugazhendi filed the present appeal.
