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O.B.Parameswaran vs The State Of Tamilnadu on 12 April, 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH

W.P.(MD) No.7787 of 2018

O.B.Parameswaran … Petitioner

vs.

1.The State of Tamilnadu
rep.by its Secretary
Department of Health and Family Welfare
Secreteriat, Fort St.George
Chennai-600 009

2.The District Collector
District Collector Office
Tuticorin

3.The Tahsildar
Tuticorin Town Taluk Office
Tuticorin …
Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India
to issue a writ of mandamus to appoint the petitioner as guardian of
Dr.R.N.Ranjini who is in coma stage and also appoint the petitioner as the
Manager of her properties and to permit the petitioner to sell the Schedule I
property bearing New Door Nos.5, 6 7, North Car Street Extension,
Thoothukudi in T.S.No.2443, T.S.Ward No.4, Block 12, land measuring 1247.078
sq.ft., (2.847 cents) with a two story building and Schedule II property
bearing New Door Nos.8 9, North Car Street Extension, Thoothukudi, in
T.S.No.2444, TS Ward No.4, Block 12, land measuring 1526.535 sq.ft., (3.504
cents) with a two story residential building located within the registration
district of Thoothukudi and Sub-Registration District of Joint SRO II,
Thoothukudi and reinvest in any immovable properties at Madurai.

For Petitioner : Mr.T.R.Janardhanan
For Respondents : Mr.S.Nagarajan
Spl. Govt. Pleader

:ORDER

The petitioner herein is a Doctor by profession, who got married to one
Dr.R.N.Ranjini. Out of his own earnings and by availing housing loans, the
petitioner herein along with his wife had purchased two properties comprised
in T.S.No.2443, bearing new Door Nos.5, 6 7 and T.S.No.2444, bearing new
Door Nos.8 and 9, North Car Street Extension, Thoothukudi.

2. On 21.11.2012, the petitioner’s wife namely Dr.R.N.Ranjini had a sudden
episode of ventricular tachycardia, by which she had gone to a state of coma.
After her medical condition, Dr.R.N.Ranjini is now under the care and custody
of the petitioner herein. In view of the aforesaid properties standing in
the name of the petitioner’s wife also, the present writ petition has been
filed seeking for a declaration to declare the petitioner as a guardian of
his wife Dr.R.N.Ranjini for the purpose of managing and otherwise encumbering
her properties.

3. I have given careful consideration to the submissions made by the
respective learned counsels.

4. According to the learned counsel for the petitioner, the condition of the
petitioner’s wife is a 100% disability, since she is in a state of coma and
as per the medical opinion, she is not likely to improve in the near future.
The original disability certificate, dated 14.12.2017, from the Chairman,
Medical Board, Government Thoothukudi Medical College Hospital, Thoothukudi,
evidences that the condition of the petitioner’s wife is non-progressive and
not likely to improve and her disability has been opined as a 100%
disability. Yet another medical certificate from Sundaram Arulrhaj
Hospitals, Tuticorin, dated 19.02.2018, also evidences that the petitioner’s
wife is bedridden in a stage of coma. There is no provision of law for
appointment of the petitioner as a guardian of his wife, who is in a stage of
coma, either in the Guardian and Wards Act, 1890 or in the Mental Health Care
Act, 2017 (Repeal of the Mental Health Act, 1987). As such, in the normal
course, the remedy available to the petitioner would be under the
jurisdiction of the Civil Court. Nevertheless, in view of the critical
condition in which the petitioner’s wife is undergoing and also taking note
of the fact that the procedure for appointment of guardian might take a
considerable time, it would be appropriate that this Court invokes the power
conferred under Article 226 of the Constitution of India for the purpose of
securing the ends of justice.

5. It is submitted by the learned counsel for the petitioner that though out
of the aforesaid two properties, one property stands in the name of the
petitioner’s wife and the other one stands in the joint name of the
petitioner herein and his wife, the housing loans obtained for procuring
these two properties were repaid by the petitioner himself. I have also
taken note of the fact that the petitioner herein has been a support
throughout for his wife and she is still under his care and custody. While
that being so, the petitioner herein would be the appropriate person to act
as a guardian for his wife. In view of the fact that the petitioner has
settled the housing loan standing in the name of his wife also and has been
spending considerable amount for her treatment, it would be relevant to
permit the petitioner to manage and deal with the properties of his wife
including the powers to alienate the same.

6. In view of the above observations, the writ petition stands allowed. The
petitioner herein, namely, Dr.O.B.Parameswaran is appointed as a guardian of
his wife Dr.R.N.Ranjini. In his capacity as a guardian, the petitioner is at
liberty to manage the properties standing in the name of his wife
Dr.R.N.Ranjini, in T.S.No.2443, bearing Door Nos.5, 6 7 and T.S.No.2444,
bearing Door Nos.8 and 9, North Car Street Extension, Thoothukudi, including
the powers to alienate the same. No costs.

To:

1.The Secretary,
Department of Health and Family Welfare,
Secreteriat, Fort St.George,
Chennai-600 009.

2.The District Collector,
District Collector Office,
Tuticorin.

3.The Tahsildar,
Tuticorin Town Taluk Office,
Tuticorin.

.

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