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HC stays kin move to demolish Giri house

By Our Staff Reporter

CHENNAI MAY 29. A vacation judge of the Madras High Court has stayed the move to demolish the former President, V.V. Giri's house at T. Nagar here.

Justice P. Sathasivam granted the interim injunction on Wednesday forbearing 15 of the late President's relatives and a builder, V. Deenadayalan of Vijay Associates, from alienating the property and demolishing it against the express provisions of his will registered in 1978. The order was passed on a petition filed by Giri's great grandson, Giri Shankar (20).

The late President registered the will on September 27, 1978, and introduced some amendments (codicil) in December 1979, stating the house — Malathi — at 58, Giri Road should be taken over by State agencies, including the Information and Tourism Development department, and maintained as a public monument in his name and that of his wife.

However, citing a technical ground that the codicil had not been duly probated, the respondent-kin preferred a civil suit and obtained a decree of partition. The builder was the auction-purchaser.

The petitioner alleged that the respondent-kin had colluded among themselves and with the builder, and deliberately failed to get the codicil probated in time. If civil proceedings were allowed to succeed, the wishes of the late President would be frustrated. Also, none of the State agencies entrusted with the possession had been made parties in the civil as well as probate proceedings.

Apprehending that the property would be taken possession of by the builder and demolished any time, Mr. Giri Shankar said the promoter had purchased it to build flats for a commercial purpose. If demolished, the old structure could not be restored, he said and added the codicil had been attested by a renowned lawyer, G.V.L. Narasimha Rao, who went on to become judge of the Andhra Pradesh High Court.

Mr. Giri Shankar prayed for an interim injunction restraining the respondents, including the builder, from demolishing the building. He also sought a direction to the Tamil Nadu Chief Secretary, and the Secretaries of the Home, Law and Information departments to take possession of the property and maintain it as a public monument in the name of V.V. Giri and Saraswathi Giri.

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