IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 32750 of 2010(P) -------------------------- PETITIONER(S): --------------------- KAVITHA,AGED 36 YEARS, D/O.REMADEVI AMMA,KORAVANKATTU HOUSE, KODASSERY,CHALAKUDY,REP.BY MOTHER AND NEXT FRIEND REMADEVI AMMA,W/O.RAMANKUTTY MENON, AGED 66 YEARS, KORAVANKATTU HOUSE,KODASSERY CHALAKUDY, BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------ THE DISTRICT COLLECTOR ,THRISSUR. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 32750 OF 2010 ===================== Dated this the 17th day of December, 2010 J U D G M E N T The prayer sought in this writ petition is the following: (1) pass an order appointing Remadevi Amma, W/o Ramankutty Menon, aged 66 years, Koravankattu House, Kodassery, Chalakudy as guardian of the person and Manager of the property of the petitioner, who is a mentally retarded person, entitled to execute documents on behalf of the petitioner relating to the petitioner's share in the common properties covered by Ext.P1 and P2 judgments. 2. Petitioner claims to be a mentally retarded person, who owns certain immovable properties. In this writ petition, apparently for looking after the petitioner and her properties, appointment of the guardian is sought for. 3. In my view, this is an issue which is to be dealt with in terms of the provisions contained under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. Appointment of guardian of a person with disabilities is to be made under Section 14 of the Act. 4. Therefore, the recourse to be taken by the person, who wants a guardian to be appointed is to make an application to the WPC No. 32750/10 :2 : Local Level Committee constituted under Section 13 of the Act. It is directed that if the petitioner makes an application for appointment of guardian to the Local Level Committee, the Local Level Committee will consider the application and pass appropriate orders, which shall be done at any rate within 8 weeks of receipt of the application. With this direction, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp