08 July 2022
Gajalakshmi Paramasivam
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:
Sri Lankan: Ranil however was JR's
2nd choice as his successor after Upali died in a still unsolved plane
crash.
History repeats like coincidences
and Einstein says that a way God shows his hand?
Former India's PM Indira Gandhi (JR's
nemesis) had Sanjay lined up to take over some day as PM but he too died in a
mysterious Plane crash., and the job fell into the hand of Rajiv unexpected,
and so these things happens for good reason.
However 2nd choice's don't seem to work
out the way both Mrs. Indira Gandhi and JR thought.
Today Ranil is also in the shoes of Rajiv
and his destiny probably will follow suit?
Gaja : I
met Ranil at North Gate by Jetwing, in 2019. Must say he was not up to my
expectations. But he did go out and meet the tuk-tuk drivers. That is his
appeal. It was also Rajiv’s.
In democracy, once we know the limitations
of the leader, we need to ‘fill the gap’ and self-govern. This renders
exponential power at our level.
Sri Lankan: Gaja, Why not the NP has
"Petro Dollars" Galore having the Hydrocarbon bearing Jurassic
sedimentation exclusively in the Peninsula.
and my Tamil brethren deserve to have its
lion share.
Self determination is the answer to Tamil
aspirations., and I agree with the Peking Wing Communist Shanmugathasan
(Shan).,as the answer to bring about consensus with the Tamil 10% of Sri
Lanka with its Loadstone.in the NP of Sri Lanka., of about one Million now.
Gaja : North has confirmed that they are
incapable of ‘managing’ communism, any more than South could. That would be
like jumping into the fire from the frying pan.
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
December 10, 2018 SAAG
[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:
[In
inheritance, a pari passu (per capita)
distribution can be distinguished from a per stirpes (by
family branch) distribution.
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?
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