20 November 2020
Separation from LTTE Heritage
Almost everyday we analyse and discuss the testamentary case of the estate of our brother Subramaniam Yoganathan in the courts of Northern Sri Lanka. The case was supposed to have been heard on the basis of Thesawalamai law. Accordingly, daughters who received dowry, were not entitled to Muthusum / Residual Heritage. In addition, daughters inherited mother’s dowry and sons father’s inherited wealth. Brother Subramaniam Yoganathan was a bachelor and to the best of our knowledge did not leave a will.
I got to know Subramaniam Yoganathan by staying in the Vaddukoddai family home as part of the family. Yoganathan would discuss his experiences with the courts which did not deliver for him either. But he had ‘heritage’ by absorbing the pain of defeat in Courts against a government entity – the Sri Lanka Cement Corporation. He said to me that he could not have taken on that challenge if he had been married and had had children. He stated that I was traveling in the path of Sathiyam / Truth and hence my sothanaihal/difficulties. When discussing family issues – his sister who got that family home as dowry tried to include herself – but he firmly asked her to ‘go inside’. He said also that his family was not with him in his legal battles.
Due to custody of documents being with the sister who colluded with her other sister who migrated to Australia due to our ownership investment in Australia, and both denied us access to the documents, the sharing of the wealth went to Courts. It was our duty to do so. Until then they kept the details a secret. The son of the Australian sister asked my husband to write his share in the names of the sisters. My husband declined and declared that it has to be shared as per Thesawalamai law. Both courts – Mallakam District Court and Jaffna High Court ruled that it be shared equally as per Common Law – despite evidence that they were paid ‘dowry’. To date Mallakam District Court has not issued the Certificate of Heirship to us. But the Australian sister sent us a cheque without any ‘Account’. The amount on the cheque confirmed to us that monies have been claimed from the UK Bank account – but we still do not know how that was possible without the Certificate of Heirship as well as our consent. We applied through Right to Information Act but the system is not working.
To us – the highest value of our investment is – raising the essence of our brother’s life to merge with ancestors – who then become ‘Common’ Energy to all. In Hindu ceremonies cooked rice is made into balls known as ‘Pindam’ and joined with larger oval forms of cooked rice – representing ancestors. The first merger is with first generation ancestors; the second with the ones directly above them and the third with those above them. I learnt about this when our nephew Paramanathan Shanmugalingam’s funeral ceremonies were being held. I guess this was a strong base for my support for Muslims not being prevented from burying as per their traditional pathway, their loved ones who died of Covid19. Those who feel connected to ancestral powers will not be distracted by frivolous current claims of ownership merely through possession/occupation.
Thesawalamai law is the pathway through which we inherited Jaffna ancestral powers. Theories and Laws are common pathways through which we take the express pathway to Truth. Our value from the above testamentary case is the strengthened value of that heritage known as Thesawalamai law. It is the consolidated / common mind of all those who made that law and upheld that law through practice.
When I read the Ceylon Today report ‘Maveerar Commemorations: Writ filed seeking prevention of ban’ – that heritage invoked itself. The report states:
[A Writ Petition was filed in the Jaffna High Court seeking an Order preventing the Northern Province Senior DIG and the Provincial Director of Health Services (PDHS) from attempting to ban the Maveerar Commemorations from 25 to 27 November, by citing provisions of the Prevention of Terrorism Act or the Quarantine and Prevention of Diseases Ordinance due to the COVID-19 pandemic.
Attorney-at-Law Vishwalingam Manivannan, representing parents who lost their children in the war, said he would be waiting till tomorrow (20) for a response regarding his petition. ]
Attorney-at-Law Vishwalingam Manivannan represented us in the above mentioned Testamentary matter. To our family, our brother was / is also a Maveeran/Great Hero who followed in the path of law and eventually died. We believe he would have merged with his ancestors who also took the lawful pathway. As an Attorney at law, Mr Vishwalingam Manivannan’s first ancestors are also lawyers. They are the Sri Lankan elders through whom he believes in the laws he uses. His father is a practicing lawyer who came to court on a day when Manivannan absented himself on the excuse of lawyers’ striking. I represented myself in Jaffna High Court when Colombo group of lawyers whose head Mr Parathalingam stated in court that he would move to have the matter dismissed because we had wasted his time. Judge Elancheleyan seemed to agree, until I stood up and stated that I prepared the original appeal and that I would represent our side. I believe that if Mr Vishwalingam Manivannan had done his duty as Mr Harsha Fernando did with the far more challenging land matter in Colombo, Thesawalamai ancestors would have been honoured in Jaffna. This would entitle him to use the common pathway to facilitate his current clients – the heirs of the LTTE.
The reasons for judgment by the Colombo Court of Appeal is perfectly balanced – even better balanced than the Australian Federal Court judgments in relation to the cases filed by me. That gives me a sense of belonging and commonness. In contrast I felt alienated by Northern Courts whose judgments were appallingly lacking in simple logic. Mr Manivannan who was paid more or less at the same rate as Mr Harsha Fernando failed to take the time and effort to discuss the judgment with us.
As per the above mentioned report:
Mr Manivannan [..noted that last year, the Tamils of the North and the East had commemorated these deaths during November but this year, since there was a ban on the commemoration of LTTE member, Thileepan, he has submitted the petition not to ban the events.
The petitioners seek an injunction on the Northern Province SDIG and the PDHS and their staff from banning the commemorations from 25 to 27 November, citing the PTA or the said Ordinance.]
I consider this to be a disturbance of the ancestral powers of LTTE’s heirs. By applying to Courts – Mr Manivannan is bringing the heirs under the jurisdiction of the Courts. By their own declarations and conduct – the LTTE were laws unto themselves. The path they took as per their needs was their law. They would have eventually merged with those who genuinely followed the law AND discovered the truth through the lawful pathway.
The two are not the same. By using his knowledge of law to support militants Mr Manivannan is seriously weakening his connection with ancestors of law. Given that LTTE killed Tamil politicians who gave birth to Vaddukoddai Resolution, Mr Manivannan is disrespectful of his political heritage also.
By seeking to publicly mourn militants – these parents who have petitioned – are actually moving away from the LTTE heritage. The LTTE would have celebrated within their area and taken on any punishment that they could not prevent. THAT is the way of a true rebel. A true rebel would fight against unjust authority or and/or unjust law. If PTA – Prevention of Terrorism Act, is being used – then it confirms that they are not fighting against the PTA.
Belief in the law/theory is as essential as truth of the experience that comes to court. If the writ is granted then belief in PTA is confirmed. This confirms separation from the LTTE pathway.
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