AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner's paternal aunt Bhargavi died on 15.11.2019. Suspecting foul play behind Bhargavi's death, petitioner requested the police to conduct investigation. The request having yielded no positive result, this writ petition is filed praying for a direction to the first respondent to conduct investigation into the role of respondents 2 to 7 in the suspicious death of Bhargavi. The facts in brief, as discernible from the writ petition, are as follows:
Petitioner and respondents 2 to 5 are siblings. The 6th respondent is the son of the petitioner's elder sister and the 7th respondent, his mother's eldest sister's son.
The petitioner's paternal aunt Bhargavi was a spinster and had assets in the form of immovable properties and cash deposits. Through out her life, Bhargavi had stayed with the petitioner's parents. On 24.01.1992, Bhargavi had executed a Will bequeathing all her properties in the petitioner's name. On 14.03.2000, she executed a second Will, bequeathing the properties to the children to be born to the petitioner and reserved the petitioner's right to take income from the property. A third Will was executed on 25.10.2003, bequeathing the properties in the name of respondents 2 to 5. By this time, there was rivalry among the siblings and the petitioner was driven out of the house and a partition deed executed on 22.10.2003 between the petitioner's father and Bhargavi. Aggrieved by his ouster from the parental house, the petitioner filed a partition suit arraying his parents, aunt Bhargavi and siblings as defendants. Later, a 4th Will was executed by Bhargavi on 01.12.2011, bequeathing all the amounts in her bank accounts to the petitioner's sisters. According to the petitioner, Bhargavi had executed the 3rd and 4th Wills succumbing to the pressures exerted by his sisters and was actually contemplating the execution of a 5th and final Will, making the petitioner the sole legatee. While so, Bhargavi died on 15.11.2011 at 7.30 a.m, which according to the petitioner, was under mysterious circumstances. The petitioner alleges that the body of Bhargavi was cremated hurriedly at 12.55 p.m on the same day at the Shanthikavadam Gas Crematorium so as to defeat investigation into the death. Other than the allegation of Bhargavi having been cremated at the Santhikavadam Gas Crematorium which is 30 Kms from the place of demise, no other suspicious circumstances has been stated in the writ petition.
The averments leave no room for doubt that the motive behind filing the writ petition is the petitioner's ouster from his house and vesting of the properties of his deceased aunt with respondents 2 to 5.
From Ext.P6 Will dated 01.12.2011, it is seen that Bhargavi was aged 81 years, as on the date of execution of Will. Therefore, she would have been 90 by the time she died. As such, in the absence of clear and cogent evidence to the contrary, this Court can only presume that Bhargavi had died of natural causes.
The petitioner claims to be a teacher and, if so, I am compelled to observe that a teacher is not expected to file frivolous writ petition of this nature, motivated by personal animosity. The conduct of the petitioner is to say the least, reprehensible. Since the writ petition is being dismissed at the admission stage, I refrain from imposing cost. In the result, the writ petition is dismissed.