Disposed

P.N.Sreenivasan v. the District Collector/District Magistrate

Kerala HC7 Oct 2020WP(C)/18109/2020

Case brief

AI extract

What is this about?

The Court directed the District Collector to consider the petitioner's application for removal of the second respondent from guardianship and to appoint the petitioner as legal guardian for the disabled sisters of the second respondent.

What did the court decide?

Directed the 1st respondent to consider the Ext.P3 application and pass appropriate orders within three months.

P.N.Sreenivasan Vs the District… — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

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WP(C).No.18109 OF 2020(K)

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PETITIONER:

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P.N.SREENIVASAN, DIRECTOR, AGED 57 YEARS DIRECTOR, SAI SANKARA SANTHIKENDRAM, GOVT. REG.NO.1067,MANICKAMANGALAM P.O, KALADY,ERNAKULAM DISTRICT, PIN 683574

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BY ADV. SRI.JOSE J.MATHAIKAL

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE THRISSUR, CIVIL STATION,AYYANTHOLE, THRISSUR, PIN 680003(CHAIRMAN ,LOCAL LEVEL COMMITTTEE CONSTITUTED UNDER THE NATIONAL TRUST ACT)

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2 RAMACHANDRAN A.P, NELLISSERY PUSHPAKAM, KANIMANGALAM P.O,THRISSUR PIN 6800027

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BY SR.GP.SMT.SHEEJA.C.S BY AMICUS CURIAE- SRI.V.RAMKUMAR NAMBIAR SMT.SATHYASREE PRIYA ESWARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18109 OF 2020(K)

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JUDGMENT

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Heard Sri.Jose J.Matheikel, the learned counsel for the petitioner, Sri.V.RamKumar Nambiar and Smt.Sathya Sree Priya Eswaran, the learned Amicus Curiae and the learned Sr.Government Pleader, Smt.Sheeja.C.S.

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The petitioner is the Director of a registered old age home. Radha and Indira are the two sisters of the 2^nd respondent. The 2^nd respondent was appointed as their guardian by the 1^st respondent District Collector under Section 14 of the National Trust Act, as early as in the year 2014. The 2^nd respondent entrusted his sisters aforementioned to the petitioner to be looked after. According to the petitioner, the 2^nd respondent is least interested in his sisters and is not even making any enquiries regarding them. It is alleged that the 2^nd respondent is only interested in their sisters' assets. I do not think it necessary to go into the said allegation.

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The petitioner has moved Ext.P3 application under Section 17 of the National Trust Act, seeking removal of

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WP(C).No.18109 OF 2020(K)

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2^nd respondent from guardianship of the aforementioned Radha and Indira. Ext.P3 application is pending consideration before the 1^st respondent. In the said application, the petitioner is also sought for appointment of the said organization as 'Legal Guardian' of the aforementioned Radha and Indira. It would be sufficient if the 1^st respondent considers and passes appropriate orders on Ext.P3 application, with due notice to the 2^nd respondent.

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Accordingly, the writ petition is disposed of directing the 1^st respondent to consider and pass appropriate orders on Ext.P3 application dated 06/07/2020, filed by the petitioner, seeking removal of 2^nd respondent from guardianship and for appointing the petitioner as guardian of Radha and Indira, the sisters of 2^nd respondent. The same shall be done within a period of three months from the date of receipt of a copy of this judgment. Since, I have directed the 1^st respondent to pass orders on the application, with due notice to and after hearing the 2^nd respondent, and since I have not

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WP(C).No.18109 OF 2020(K)

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expressed anything on the merits, notice to the 2^nd respondent is dispensed with in this writ petition.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.18109 OF 2020(K)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF REQUEST LETTER DATED 24/09/2014. EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED 12/02/2019 FOR RADHA. EXHIBIT P2(A) TRUE COPY OF CERTIFICATE DATED 12/02/2019 FOR INDIRA. EXHIBIT P3 TRUE COPY OF THE PETITION DATED 06/07/2020. EXHIBIT P4 TRUE COPY OF DISABILITY CERTIFICATE OF RADHA. EXHIBIT P5 TRUE COPY OF DISABILITY CERTIFICATE OF INDIRA.

P.N.Sreenivasan v. the District Collector/District Magistrate

Case brief

What is this about?

What did the court decide?

P.N.Sreenivasan v. the District Collector/District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

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