MHC impleads I-T, ED in Jaya assets case

A division bench comprising Justice N Kirubakaran and Justice Abdul Quddhose on Wednesday, said, “It is reported that certain proceedings have been initiated by Indian Bank before the Debt Recovery Tribunal regarding nonpayment of the borrowed money by the late Chief Minister Jayalalitha. However, the borrowing money has not been disclosed by the late Chief Minister filed by her before the Election Commission in 2016.”

“Similarly, Income Tax authorities are said to have filed a tax case before the court questioning the order passed by the lower authorities. In case, if the said appeal is allowed, the liability must be discharged from the estate, therefore, this court would like to know the assets possessed by the Jayalalithaa and equally the liability,” the bench added.

Also, holding that in view of the same, it is appropriate to implead the Income Tax Department and Enforcement Directorate as they alone would be in a better position to give the details of the assets and liabilities of the late Chief Minister, the bench suo motu impleaded both the government agencies as respondents and ordered notice to the respective counsels.

Similarly, the bench on noting that it is evident from media reports that the Government is initiating to take over the Poes Garden residence of the late Chief Minister measuring to an extent of 10 grounds, in order to make it as a memorial, said, “It is appropriate to suo motu implead the Secretary to Government, Tamil Development and Information Department.”

Special Government Pleader T M Pappiah took notice on behalf of the State. The plea has been posted for further hearing to January 01.

The appeal was filed by AIADMK members K Pugazhenthi and P Janakiraman claiming that since the properties left behind by the late chief Minister runs to hundreds of Crores, proper administration is required by the order of this court.

Initially, a single judge dismissed the plea based on suppression of facts, leading to the present appeal. The division bench led by Justice Kirubakaran had then impleaded both Deepa and Deepak the nephew and niece of late Jayalalithaa in the case.