IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 6458 of 2009(B) ------------------------- PETITIONER(S): ------------------ 1. PADMAJA, AGED 50 YEARS, D/O.LATE PARAMESWARAN NAMBIDI @ PARASURAMAN, CHERUPARAMBIL MADOM, P.O.MELOOR, CHALAKUDY, THROUGH THE NEXT FRIEND AND BROTHER SREEHARI, AGED 41 YEARS, S/O.LATE PARAMESWARAN NAMBIDI @ PARASURAMAN, CHERUPARAMBIL MADOM, P.O.MELOOR, CHALAKUDY. 2. RAJASEKHARAN, AGED 46 YEARS, S/O.LATE PARAMESWARAN NAMBIDI @ PARASURAMAN, CHERUPARAMBIL MADOM, P.O.MELOOR, CHALAKUDY,THROUGH THE NEXT FRIEND AND BROTHER SREEHARI, AGED 41 YEARS, S/O.LATE PARAMESWARAN NAMBIDI @PARASURAMAN, CHERUPARAMBIL MADOM, P.O.MELOOR, CHALAKUDY. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): ------------------- THE DISTRICT COLLECTOR, THRISSUR. GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6458/09 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE COPY OF THE SALE DEED DT 16.8.1972. EXT.P2: TRUE COPY OF THE CERTIFICATE ISSUED TO 1ST PETITIONER DT 2.4.08. EXT.P3: TRUE COPY OF THE CERTIFICATE ISSUED TO 2ND PETITIONER DT2.4.08. EXT.P4: TRUE COPY OF THE DECISION REPORTED IN 2009(1) KLT 183. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ================ W.P.(C) NO. 6458 OF 2009 (B) ===================== Dated this the 2nd day of April, 2009 J U D G M E N T This writ petition is filed praying that Sri.Sreehari, who has filed this writ petition representing the petitioners be appointed as guardian of the petitioners, who are mentally retarded persons, to manage their properties. 2. The writ petition has been filed on the premise that petitioners being mentally retarded persons Sri.Sreehari, their brother should be appointed as their guardian. When the writ petition was taken up for admission on 27/2/2009, this Court passed an order directing the respondent, the District Collector, Trichur to enquire into the statements made in the writ petition and file a report. 3. Learned Government Pleader has today made available a report of the District Collector, which says that an enquiry was conducted through the Tahsildar, Mukundapuram and it reveals that Smt.Padmaja and Sri.Rajasekharan, who are the petitioners herein, are mentally retarded persons and that they are depending entirely upon their 73 year old mother WPC 6458/09 :2 : Smt.Soudamini and their brother Sri.Sreehari, who has filed this writ petition. It is also stated that they are residing in Sri.Sreehari's house and that the following properties are in the joint possession and ownership of Smt.Soudamini and the family members as legal heirs of Late Sri.Sankaran Parameswaran Nambidi; Village/Survey No. Extend in Hectares Market Value 1 Meloor Village Sy.No.594 (Residential) 0.0708 H Appro.1 lakh 2 Kizhakke Chalakudy village Sy.No.651/1 0.1153 H Appro.1 lakh 4. Thus, from the report of the District Collector, it is obvious that the petitioners herein are mentally retarded persons. As far as the permissibility of appointment of a guardian is concerned, that issue is fully answered by this Court in the judgment in Narayanankutty Menon v. State of Kerala (2009 (1) KLT 183), para 9 of which reads as under: For all these reasons, the writ petition is allowed in part. The petitioner herein is appointed as the guardian and next friend of the mentally retarded person Sunilkumar, son of late Mudakodi Chandrashekhara Menon and late Mullappilly Kamalamma. The petitioner shall look after the person and properties of the mentally retarded person Sunilkumar. The petitioner will be required to submit a statement of the assets standing in the name of the aforementioned Sunilkumar before the District Collector within two months from the date of WPC 6458/09 :3 : receipt of a copy of this judgment. Thereafter the petitioner shall continue to submit half yearly statement before the District Collector giving details of the income generated from the properties standing in the name of the mentally retarded person, the expenditure incurred for the maintenance of the mentally retarded person and the expenditure incurred for looking after the properties as such. It is open to the District Collector to move this Court for variation of the order of the petitioners' appointment, if there arise circumstances which necessitates a change in the guardianship of the mentally retarded person. A copy of this judgment shall be produced by the petitioner before the District Collector and acknowledgment in that behalf shall be filed by the petitioner before the Registry of this Court within two weeks from the date of receipt of a copy of this judgment. 5. In the light of the above judgment and the facts disclosed in the report of the District Collector, Sri.Sreehari, S/o Late Parameswaran Nambidi residing at Cheruparambil Madom, Meloor P.O, Chalakudy is appointed as the guardian of Smt.Padmaja and Sri.Rajasekharan, his sister and brother respectively, who are the petitioners herein. As far as the obligations to be carried out by the guardian is concerned, he shall comply with all the requirements that are imposed by this court in Para 9 of the judgment extracted above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp