IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 CRP.No. 235 of 2011() --------------------- LAR.25/2004 of PRL.SUB COURT,IRINJALAKUDA .................... REVN. PETITIONER(S): PETITIONER ----------------------------------------------------- ARCHANA (MINOR), D/O.LATE KUNDANI MOHANAN, THRISSUR TALUK, THRISSUR VILLAGE, REP. BY MOTHER AND GUARDIAN SANTHA MOHANAN. BY ADV. SRI.K.S.BHARATHAN RESPONDENT(S): --------------- 1. SATHYAVATHY, W/O.VAKYATTIL JAYACHANDRAN, VADANAPPILLY VILLAGE, CHAVAKKADU TALUK. 2. SATHEERTHIAN, S/O.KUNDANI NARAYANAN, NANDIPULAM VILLAGE, MUKUNDAPURAM TALUK. 3. DISTRICT COLLECTOR, THRISSUR DISTRICT, REP. BY GOVERNMENT OF KERALA. 4. SECRETARY, KODAKARA GRAMA PANCHAYATH. ADV. SRI.T.N.MANOJ FOR R4 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- C.R.P.No.235 of 2011 ----------------------------------- Dated this the 9th day of June, 2011 ORDER The petitioner is one of the claimants in L.A.R.No.25 of 2004 on the file of the Principal Sub Court, Irinjalakuda. It is stated that the reference was made since there was dispute regarding apportionment of compensation. It is submitted that that dispute was settled by the judgment in the L.A.R. As per the judgment, the petitioner is entitled to receive the amounts deposited by the Secretary, Kodakara Grama Panchayath. It is submitted that the amount due to the petitioner is ` 68,170/-. For release of the amount, the petitioner filed E.A.No.587 of 2009. Since the petitioner was a minor, the application was made for releasing the amount in favour of her guardian. 2. It is submitted that the petitioner (Archana) is "a person with disability" as defined in the National Trust for C.R.P.No.235/2011 2 Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. Section 14 of the Act provides for appointment of a guardian for the persons with disability. It is submitted that Santha Mohan, the mother of the petitioner Archana, was appointed as the guardian by the competent authority under the Act. The counsel also submitted that the certificate was produced before the lower court. 3. The court below dismissed the application stating thus : "Heard. Application by guardian. But it is not stated that money which is in minor's account can be released to guardian, eventhough reason stated is for the benefit of minor. At best interest can be allowed to be withdrawn. Application is dismissed accordingly." 4. The order passed by the court below is not legal and proper. There is no dispute that the amount belongs to the C.R.P.No.235/2011 3 petitioner. She is a person with disability. It is stated that a guardian was appointed for her. There is no justification for retaining the amount in court deposit. If the petitioner is otherwise entitled to the amount, nothing prevents the court from disbursing the amount to the petitioner. For the aforesaid reasons, the order passed by the court below is set aside and the matter is remitted to the court below for fresh disposal. The court below shall consider the matter afresh and shall pass final orders within one month from the date of receipt of a copy of the order. K.T.SANKARAN JUDGE csl