Three petitioners sought appointment as guardian for their incapacitated husband/father, P.K.Viswambaran, who was bedridden due to strokes and diabetes. The Court, citing its wide jurisdiction under Article 226, allowed the writ petition.
First petitioner appointed as guardian for the person and properties of Sri.Viswambaran.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934
WP(C).No. 2993 of 2012 (Y)
OS.477/1979 of SUB COURT,ERNAKULAM
PETITIONERS:
BY ADVS.SRI.K.V.JAYACHANDRAN SRI.RAJU V.MATHEW
RESPONDENTS:
BY GOVERNMENT PLEADER SRI.MUHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.2993/2012
APPENDIX
PETITIONERS' EXHIBITS:
| EXT.P1 | A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 28-11-2011. |
|---|---|
| EXT.P2 | A TRUE COPY OF THE FINAL DECREE IN F.D.A.12113/2006 IN O.S.775/1980 DATED 7.11.2007. |
RESPONDENTS' EXHIBITS : NIL.
True copy
P.A. to Judge
T.R.RAMACHANDRAN NAIR, J.
W.P.(C)No.2993 of 2012
Dated this the 11th day of June, 2012
JUDGMENT
The petitioners herein seek for the appointment of the first petitioner to act as a guardian for a person and properties of Sri.Viswambaran who is the husband of the first petitioner and father of petitioners 2 and 3.
following:-
Sri.Viswambaran was an employee of Cochin Port Trust and retired from the service in the year 2000. He fell in a coma and is bed ridden for last more than one year. It is stated in paragraph 1 of the Writ Petition that he is not even able to express himself and identify the petitioners. Thus he is physically and mentally incapable of managing his own affairs and to perform routine activities. He is totally incapacitated to take decision of his own and he is unable to manage his properties.
W.P.(C)No.2993/2012
: 2 :
vascular insufficiency and for Diabetes Mellitus and Ext.P1 is the copy of the medical certificate issued by the hospital.
W.P.(C)No.2993/2012
: 3 :
183 to contend for the provision of this Court proceedings in Article 226 of the Constitution of India can appoint a guardian. In para 7 of the said judgment the power of this Court has been laid down thus:-
“This court exercising jurisdiction under Art.226 of the Constitution of India, in a sense, exercises unlimited jurisdiction. The jurisdiction is not confined by any statutory provision. The jurisdiction is constitutionally conferred and no limitations as such have been placed in the manner of it's exercise except to the limited extent provided under Art.226 of the Constitution. This court might decline jurisdiction in certain cases, de
W.P.(C)No.2993/2012
: 4 :
hors the merits of the contentions or issues which come up for consideration, for reasons such as existence of an alternate remedy or on account of disputed questions of fact which requires an adjudication by a court where evidence could be adduced. But there is one fact which has been taken note of in this regard. The court is the ultimate guardian of minor and disabled persons who are non sui juris .”
this Court is having ample power in the matter. In I.A.No.7714 of 2012 the petitioner has produced Ext.P6, a copy of the medical certificate recently issued wherein it is certified as follows:-
“This is to certify that Mr.P.K.Viswambaran (N1160) 71 yrs old 50/2770 Chitteth (H), Shine Road, Vyttila) is a known case of HTN, Muliple Stroke, Post Stroke seizwire and Advanced Parkinsons Disease. He is bed ridden and he is unable to represent himself.”
W.P.(C)No.2993/2012
: 5 :
Sri.Viswambaran. The petitioners will submit a statement of the properties in the name of Viswambaran before the District Court along with a certified copy of the judgment.
The Writ Petition is accordingly allowed. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE
skj
True copy
P.A. to Judge
2 issues framed by the court
Whether the High Court under Article 226 can appoint a guardian for a mentally incapacitated adult unable to manage his affairs.
Whether a person bedridden with multiple strokes and Parkinson's disease qualifies as non sui juris.
Colour shows how this judgement treated each authority
Narayanankutty Menon v. State of KeralaReferred¶51
Narayanankutty Menon v. State of Kerala <u>2009(1)KLT</u> <u>183</u>
2 provisions across 2 enactments
Valサラ / Valsala
Lijesh C.V
Lisha C.V
State of Kerala
District Collector
T.R.RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.R.RAMACHANDRAN NAIR
Parties & counsel
