After hearing the arguments on both sides, the Hon’ble Court justice k Ravichandrababu has allowed the review application directing the authorities to issue guardianship certificate after imposing some conditions based on the guidelines framed by the Hon’ble Division Bench of Hon’ble High Court of Kerala in WP (C) Nos.37278 and 37062 of 2018.
(Special Original Jurisdiction)
Review Application No.1 of 2020
and
Cont.Pet.No.2104 of 2019
in
WP.No.33279 of 2017
Mrs.T.K.Sreelatha,
Wife of S.R.Rajan,
aged about 41 years,
Residing at No.101, V.N.R. Pleasanton
Jagannathan Nagar, Millennium Town,
Adayalampattu, Vanagaram,
Chennai – 600 095
… Petitioner
Vs
The Secretary to Government,
Social Welfare Department,
Secretariat, Chennai – 600 009
The Local Committee,
(Under the National Trust for the Welfare of
Persons with Autism, Cerbral Palsy, Mental
Retardation and Multiple Disabilites Act, 1999)
DMS Complex, Teynampet, Chennai – 6
The District Collector, Chennai District
Chennai District
The District Differently Abled Welfare Officer,
DMS Complex, Teynampet, Chennai – 6
The above writ petition filed by Mrs.T.K. Sreelatha to consider her application dated 8.5.2017 for appointment as Guardian in respect of the property and the person of T.K.Sreekanth, on merits without insisting for Disability Certification from the Government General Hospital, Chennai and appoint the petitioner as Guardian.
As per the interim direction of the Hon’ble Court the said person Mr.T.K.Sreekanth was examined by the Medial Officer of Kilpauk Institute of Mental Health and report was submitted to the Court stating that he is in a vegetative state and having severe cognitive impairment due to hypoxic brain injury – post traumatic. Based on the report the Hon’ble court allowed the writ petition by directing the 2nd respondent to consider the petitioner’s application and pass appropriate orders.
The said Mr.T.K.Sreekanth, who is in a chronic vegetative state-coma is not a disability as defined by the National Trust Act hence the respondent had no jurisdiction to issue the guardian certificate and in order to putforth this legal aspect before the Hon’ble Court, the Review Application No.1/2020 was filed before the Hon’ble court. in the meantime the petitioner had also filed Cont.Pet.No.2104 of 2019 before the Hon’ble Court.
The said contempt petition and Review application came up before the Hon’ble Mr.Justice K.Ravichandrabaabu on 12.02.2020. The Learned Additional Advocate General Thiru.A.Kumar had appeared and argued and placed the Judgment of Hon’ble Division Bench of Kerala High Court in WP (C) Nos.37278 and 37062 of 2018 decided on 20.02.2019 wherein the Hon’ble Court had observed that “This is an “SOS Call” (Save Our Souls Call) from two sinking families of dear ones of a person lying in ‘comatose state’, finding it extremely difficult to see the ways and means in procuring funds to provide adequate treatment and life support to the victim, who was the sole bread winner of the family, besides the need for their daily sustenance” and had framed the guidelines which was also followed by the Hon’ble High Court of New Delhi in WP.(C) No.11003/2019 and CM.No.45428/2019 pronounced on 07.01.2020 by the Hon’ble Mr.Justice Rajiv Shakdher.
After hearing the arguments on both sides, the Hon’ble Court has allowed the review application directing the authorities to issue guardianship certificate after imposing some conditions based on the guidelines framed by the Hon’ble Division Bench of Hon’ble High Court of Kerala in WP (C) Nos.37278 and 37062 of 2018.
