08 July 2022
PARI PASU FOR COLOMBO BUT NOT FOR JAFFNA ?
It is commonly accepted that time and place influence natural change. If we therefore Freeze time and Place – we are in Truth which is formless. When we share with ‘insiders’ we freeze place. Likewise, when we experience almost at the same time – we freeze time. This is confirmed by Anniversaries.
Yesterday I shared insider information about JVP-FSP takeover – through my article ‘COMMUNIST TAKEOVER?’ - based on ‘internal intelligence’. While writing the article, I engaged with a Australian of Sri Lankan origin . Excerpts from the conversation are:
The issue of Communist ‘takeover’ in North was highlighted by ‘Peking Wing Communist Shanmugathasan’ – indicating the China connection. This brought to mind, the visit to Jaffna’s Nallur temple, by Chinese diplomats. I have complete belief in Nallur’s Spiritual power.
This morning , my attention was drawn to the article by Lawyer Mr Ramiah Sadagopan, about Servitude of Estate workers. பெருந்தோட்ட நிர்வாக கட்டமைப்பு - எழுநா (ezhunaonline.com). I identified with the fundamental value that debt unsettled, becomes sin. I paid my respectsto Dr Subramanyam Chandrasekharan who honored my work as follows:
Myanmar’s Kyaukphyu Port: The Dragon Enters In A Big Way – Analysis
[This reminds me of a well thought out remarks by an analyst of Sri Lankan origin Gajalakshmi Paramasivam, in connection with the projects in Sri Lanka. She pointed out that “Borrowing without the ability to repay results in slavery. One who is a slave does not have the capacity to work sovereign powers anytime, anywhere!”] https://www.eurasiareview.com/10122018-myanmars-kyaukphyu-port-the-dragon-enters-in-a-big-way-analysis/
No Sri Lankan medium connected to my sharing and therefore my intelligence. As per my inner voice, Dr Subramanyam Chandrasekharan was the medium to take my book ‘Naan Australian’ to Congress Library, from where it came to National Library of Australia. I myself made that connection only after I learnt that Dr Chandrasekharan’s soul had left its mortal coil. In my own way, I honour him by keeping his address as the first one in my ‘media email list’. I believe that fellow heir would read my work.
After reading Mr Ramiah Sadagopan’s article – I listened to Tamil law expert Dr Guruparan’s reasoning of Sri Lanka’s Economic crisis – through the program ‘know the law’ at:
The main thrust was about the legal action by Hamilton Reserve Bank against Sri Lanka. Ref: ‘Sri Lanka sued by US bondholder after island nation's historic default’ - at https://www.business-standard.com/article/international/sri-lanka-sued-by-us-bondholder-after-island-nation-s-historic-default-122062300224_1.html
Dr Guruparan used the phrase Pari Pasu in his analysis and did so appropriately. I learnt about pari pasu in my Accounting studies in Sri Lanka. With that as the base, it was not difficult to understand Wikipedia’s presentation of pari passu as follows:
For example, suppose a testator had two children A and B. A has two children, and B has three.
· If the testator leaves his or her entire estate to his or her grandchildren in equal shares pari passu, each grandchild would inherit one fifth of the estate.
· In contrast, if the estate was left to the grandchildren per stirpes (by family branch), the children of A would share one half of the estate equally between the two of them, and the children of B would share one half of the estate equally amongst the three of them.
[Per stirpes ("by roots" or "by stock") is a legal term from Latin used in the law of inheritance and estates. An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate. When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir's issue in equal shares. It may also be known as strict per stirpes or the old English approach, and differs from distribution per capita, as members of the same generation may inherit different amounts. In section 33 of the Wills Act 1837 in England and Wales, it is called according to their stock.]
My interest was first in terms of creditors – in relation to the Testamentary case in the Civil Appellate High Court of Northern Province – Jaffna -case No : Appeal /74/2016 in which current Mayor of Jaffna – Mr Visvalingam Manivannan represented us. Despite my repeated requests to question the validity of credits listed by the petitioners and file our own claims – Mr Manivannan failed to do so. The Petitioners in that case did not seek Administration. We did. A credit claimed is an Administrative process. But none of them heard me. In addition there was no pari pasu – principle applied to creditors. It was a full takeover by the two sisters and their husbands joined by effectively a dummy brother who was the eldest at that level of the family.
The high court ruled (page 18 of the judgment) that the distribution was to be per capita and not per stirpes.
In my letter to the Judicial Services Commission, on 20 June 2022, I highlighted as follows:
[The following have happened outside /since the order:
1. The Registrar of Mallakam District Court has collected the monies in Sri Lankan banks for which there was no administrative authority as per our interpretation of the judgment.
2. Mrs Sakthithevi Mahathevan, the Petitioner has passed away around February 2021.
3. The monies collected by the Courts – exceed the 4 million limit set by law – to be exempted from Administration]
The reliability of the Court system in any nation is determined by all its members. In democracy, the Justice upheld by the junior courts travel through the system of belief rather than on merit. The junior courts are the parallel of voters who have the ‘freedom to believe and act’. In this instance – Thesawalamai law was overridden by dismissing our claim that the daughters were given dowry. One of the case laws submitted by the Petitioners was that of Puthatampy et al v Mailvakanam et al – DC Jaffna 577. The Hon. Judge states clearly in that :
[Thesavalamai undoubtedly is the law governing inheritance but sub-sections 5 and 7 of section 1 seem to me to be silent as to the succession of remote relations to each other : 5 and 7 deal only with the succession inter se of members of the same family, father and mother, brothers and sisters.]
In the above case, Mr Manivannan failed to highlight as per the case law – that brothers were the lawful heirs of the deceased and therefore common law did not apply.
But the Court upheld the smarter opposition lawyer’s interpretation. Now the monies in Mallakam District Court are ‘stagnating’ on the basis that they are awaiting the decision in the UK.
My question is – how can North that has demonstrated lack of belief in Thesawalami law be expected to understand Pari Pasu at global level? Is it all mere show to attract foreign money?