IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No. of 2021.
J.Krishana Siva
S/o. Late A.Janarthanam,
D.No:154, M.S.M.Thottam,
Uthangarai,
Krishnagiri District.
Pin:635207.
…Petitioner
-Vs-
1. The Senior Divisional Manager,
L.I.C. of India,
Divisional Office,
Hasthampatti post,
Salem- 636007.

2. The Branch Manager,

L.I.C of India,
Dharmapuri- Harur Road,
Harur
Tamil Nadu- 636903.

3. The General Manager,

LIC of India,
LIC Building,
No.153, Anna Salai,
Chennai 600002.
…Respondents

AFFIDAVIT OF KRISHANA SIVA

I, J.Krishana Siva S/o. Late A.Janarthanam,D.No:154, M.S.M.

Thottam, Uthangarai, Krishnagiri District. Pin:635207. do hereby

solemnly affirms and sincerely states as follows;

1. I am the petitioner herein as such I am well acquainted with the

facts and circumstances of the case.

2. I respectfully submit that the present writ petition is filed for a

direction, directing the respondents to consider and dispose off the

petitioner representation dated 12.06.2021 for direct the above said

respondents.

Page No:1

Corrections: Nil
 -2-

3. I respectfully submit that I have residing above said address

permanently and my late father A.Janarthanam, he have adopted me in

the year of 1995 after he have been taken his custody and treated his

son from my birth onwards. I further submit that my father and my

mother Mr.Kamala both were fully take care education and other my

daily needs.

4.I further submit that my father was added my name in our family card

and other address proof and Identification proofs and my birth certificate

to now days education certificates and all the government id proof all of

them as mentioned my father’s name A.Janarthanam and my mother

name as Kamala its only true and its clearly proved that above said late

A.Janarthanam is my adopted father.

5.I respectfully submit that my father was run own clinic at our home

town from birth onwards and my father and mother both were runed the

above said clinic to take care of my surrounding peoples.

6.I further state that my adopted father having two wife’s so the first wife

name Mrs. Mangaiayrkarasi and second wife and my mother name as

Mrs.Kamala both are residing same address without any issues and

controversy.

7.I respectfully submit that my adopted father was taken one life

insurance policy no:701489619, dated on 28/04/2002 and he have

appointed me a nominee in the above said insurance policy and I after

that he have paid premium regularly without any default after that my

adopted father and above said his first wife Mrs. Mangaiayarkarasi was

unfortunately died in road accident dated on 28.03.2006.

Page No:2

Corrections: Nil
 -3-

8.I further submit that after demise of my adopted father his first wife

daughter and son namely Chithra and Arulramakrishan initially start

harass me and my mother for taking passion of my adopted father

property and other things it’s too mental agony for me and my mother.

9.I further submit that the above said Chithra and Arul Ramakrishnan

got legal heir certificate alone and they suppress me it’s too mental agony

for me and my mother after that they was field civil suit before the

Hon’ble court District Munsif Court O.S.No:103/2009 the suit was filed

by above said Chithra and Arul Ramakrishnan after that they

suppressing the real facts got the order their favor it’s too mental agony

for me and my mother.

10.I respectfully submit that the above said life insurance taken by my

adopted father and he appoint a nominee so I have rights to get the

above said life insurance amount from you. So kindly make process and

to transfer the amount in my account.

11. I further state I have been sent a representation to the first

respondent and on 19/09/2020 and same were duly received by the first

respondent which was evident by the proof of delivery.

12.I submit that the respondent being a statutory authority has to

consider my representation accordance with law without any reasonable

delay. Here is a case where the respondent has miserably failed to

perform their statutory duty under the law as such the petitioner has no

other option expect to approach this Hon’ble Court under article 226 of

Constitution of India to redress my grievances.

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Corrections: Nil

-4-
 GROUNDS

a. Article 14 of the constitution of India provides for equality before

the law or equal protection of the laws within the territory of

India. “The State shall not deny to any person equality before the

law or the equal protection of the laws within the territory of

India.”

b. Article 21 of the Indian constitution deals with protection of life

and personal liberty. It lays down that no person shall be

deprived of his life or personal liberty expect according to

procedure established by law.

c. I pray that leave may be granted to raise additional grounds at

the time of arguments.

13.I state that this is the first writ petition and I have not filed any

other petition for the similar of same relief.

Under the above circumstances, it is therefore prayed that

this Hon’ble Court may be pleased issue a writ, order or direction

in the nature of Writ of Mandamus, directing the respondents to

consider and dispose off the petitioner application dated

12.06.2021. and pass such order or other orders as deemed fit and

proper in the circumstances of the case and thus render justice.

Solemnly affirmed at Chennai ) Before Me,

On this the day of June 2021 )
And signed his name in my presence )
Advocate :: Chennai
Last No:4

Corrections: Nil
 MEMORANDUM OF WRIT PETITION
(Filed Under Article 226 Constitution of India)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No. of 2021.
J.Krishana Siva
S/o. Late A.Janarthanam,
D.No:154, M.S.M.Thottam,
Uthangarai,
Krishnagiri District.
Pin:635207.
…Petitioner
-Vs-
1. The Senior Divisional Manager,
L.I.C. of India,
Divisional Office,
Hasthampatti post,
Salem- 636007.
2. The Branch Manager,
L.I.C of India,
Dharmapuri- Harur Road,
Harur
Tamil Nadu- 636903.
3. The General Manager,
LIC of India,
LIC Building,
No.153, Anna Salai,
Chennai 600002.
…Respondents
WRIT PETITION

The address for service of all notices and process on the Petitioner
is that of her counsel M/s S.CHINNASAMY & J.GANAMURTHY
Advocates, having office at No:14, Thirumurugan Nagar, Mangadu,
Chennai – 600122.
The address for service of all notices and process on the
respondents is the same as stated above.
For the reasons stated in the accompanying affidavit, it is therefore
prayed that this Hon’ble Court may be pleased issue a writ, order or
direction in the nature of Writ of Mandamus, directing the respondents
to consider and dispose off the petitioner representation dated
12.06.2021 and pass such order or other orders as deemed fit and
proper in the circumstances of the case and thus render justice.

Dated at Chennai on this the day of June 2021.

Counsel for Petitioner

 MEMORANDUM OF WRIT PETITION
(Filed Under Article 226 Constitution of India)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No. of 2021.
J.Krishana Siva
S/o. Late A.Janarthanam,
D.No:154, M.S.M.Thottam,
Uthangarai,
Krishnagiri District.
Pin:635207.
…Petitioner
-Vs-
1. The Senior Divisional Manager,
L.I.C. of India,
Divisional Office,
Hasthampatti post,
Salem- 636007.
2. The Branch Manager,
L.I.C of India,
Dharmapuri- Harur Road,
Harur
Tamil Nadu- 636903.
3. The General Manager,
LIC of India,
LIC Building,
No.153, Anna Salai,
Chennai 600002.
…Respondents

SYNOPSIS

1. I respectfully submit that I have residing above said address

pramantly and my late father A.Janarthanam, he have adopted me
in the year of 1995 after he have been taken his custody and
treated his son from my birth onwards. I further submit that my
father and my mother Mr.Kamala both were fully take care
education and my life survival still now.
2. I state that my father was added my name in our family card so
from my birth certificate and education certificate and all the
government id proof all of them as mentioned my father’s name A.
Janarthanam and my mother name as Kamala its only true and its
clearly proved that above said late A.Janarthanam is my adopted
father.
First page No:1
Corrections: Nil
3. I respectfully submit that my father was run own clinic at our
home town from birth onwards and my father and mother both
were runed the above said clinic.
4. I further state that my adopted father having two wife’s so the first
wife name Mrs. Mangaiayrkarasi and second wife and my mother
name as Mrs.Kamala both are residing same address without any
issues and controversy.
5. I respectfully submit that my adopted father was taken one life
insurance policy no:701489619, dated on 28/04/2002 and he have
appointed me a nominee in the above said insurance policy and I
after that he have paid premium regularly without any default after
that my adopted father and above said his first wife Mrs.
Mangaiayrkarasi was unfortunately died in road accident dated on
28.03.2006.
6. I further submit that after demise of my adopted father his first
wife daughter and son namely chithra and arul ramakrishan
initially start harass me and my mother for taking passion of my
adopted father property and other things its too mental agony for
me and my mother.
7. I further submit that the above said chithra and arul
Ramakrishnan got legal heir certificate alone and they suppress me
its too mental agony for me and my mother after that they was field
civil suit before the Hon’ble court district court O.S.No:103/2009
filed by above said chithra and arul Ramakrishnan after that they
suppressing the real facts got the order their favor it’s too mental
agony for me and my mother.
8. I respectfully submit that the above said life insurance taken by my
adopted father and he appoint a nominee so I have rights to get the
above said life insurance amount from you. So kindly make process
and to transfer the amount in my account.
9. I further state I have been sent a representation to the first
respondent and on 19/09/2020 and same were duly received by
the first respondent which was evident by the proof of delivery.

Dated at Chennai that the day of June 2021

Counsel for Petitioner

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.No. of 2021.
J.Krishana Siva
S/o. Late A.Janarthanam,
D.No:154, M.S.M.Thottam,
Uthangarai,
Krishnagiri District.
Pin:635207.
…Petitioner
-Vs-
1. The Senior Divisional Manager,
L.I.C. of India,
Divisional Office,
Hasthampatti post,
Salem- 636007.
2. The Branch Manager,
L.I.C of India,
Dharmapuri- Harur Road,
Harur
Tamil Nadu- 636903.
3. The General Manager,
LIC of India,
LIC Building,
No.153, Anna Salai,
Chennai 600002.
…Respondents
DATES AND EVENTS

Date Description of Documents

30/11/1996 Birth certificate of the petitioner
28/04/2002 LIC Life Insurance Certificate of the
petitioner
04/11/2004 LIC life insurance address change form
04/06/2012 Higher secondary mark sheet of the
petitioner
- smart card of the petitioner
- Aadhar Card of the petitioner issued by
the Government of India
10/06/2015 Bank Passbook of the Petitioner
12/09/2015 Petitioner voter card
25/10/2018 Transfer cum course certificate of the
petitioner
12/06/2021 Representation sent by the petitioner to
respondents and proof of delivery

Dated at Chennai that the day of June 2021

Counsel for petitioner.

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Ordinary Jurisdiction)

(Under Art.226 of the Constitution of India)

W.P.No. of 2021
J.Krishana Siva,
S/o.late. Janarathanam,

…… Petitioner
-Vs-
1. The Senior Divisional Manager,
L.I.C. of India,
And two others

…… Respondents

INDEX

S.No Date Description of Documents Page No.

1. 30/11/1996 The petitioner Birth certificate
2. 28/04/2002 LIC Life Insurance Certificate
3 04/11/2004 LIC life insurance address change form
04/06/2012 Petitioner 12th marksheet
4 - Petitioner family smart card
5 - Petitioner Aadhar Card
6 10/06/2015 Petitioner Bank Passbook
7 12/09/2015 Petitioner voter card
8 25/10/2018 Petitioner transfer cum course
certificate.
9 12/06/2021 Petitioner sent representation to
respondents and proof of delivery

Certified that copy/ies of document/s appended is/are true copies

of Originals.

Place: Chennai

Date: .06.2021.

Counsel for petitioner.

MEMORANDUM OF WRIT PETITION
(Filed Under Article 226
Constitution of India)

IN THE HIGH COURT OF

JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.No. of 2021.
J.Krishana Siva
S/o. Late A.Janarthanam,

…Petitioner
-Vs-

1. The Senior Divisional Manager,

L.I.C. of India,
Divisional Office and two
others

…Respondents

WRIT PETITION

M/s.CHINNASAMY,
Ms.2978/09.
J.GANAMURTHY

Counsel for Petitioner

Cell: 9841206620.
Email:chinnaraja121212@gmail.com
MEMORANDUM OF WRIT PETITION
(Filed Under Article 226
Constitution of India)

IN THE HIGH COURT OF

JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.No. of 2021.
J.Krishana Siva
S/o. Late A.Janarthanam,

…Petitioner
-Vs-

1. The Senior Divisional Manager,

L.I.C. of India,
Divisional Office and two
others

…Respondents

M/s.CHINNASAMY.Ms.2978/09.
J.GANAMURTHY

Counsel for Petitioner

Cell: 9841206620.
Email:chinnaraja121212@gmail.com