Disposed¶41

N.Ramaswamy v. State of Tamilnadu

Madras HC9 Jul 2025WP/24759/2025

Case brief

AI extract

What is this about?

Writ of declaration seeking appointment as legal guardian of two Covid-orphaned minors refused; Madras High Court holds Article 226 jurisdiction cannot declare legal guardianship and official respondents cannot give such declaration either; remedy directed to application under the Guardians and Wards Act before the concerned District Court; background: school (Everwin Public School) demanding Guardianship Certificate for updating records and issuing Transfer Certificate per CBSE norms; paternal uncle caretaker of minors; single judge N. Anand Venkatesh J.; WP No. 24759 of 2025; disposed of 09-07-2025; no costs.

What did the court decide?

No substantive relief; the writ petition was disposed of with the clarification that guardianship can be declared only by the competent District Court under the Guardians and Wards Act. No costs.

N.Ramaswamy Vs State of Tamilnadu — Child Custody and Guardianship | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the writ petition was disposed of with the clarification that guardianship can be declared only by the competent District Court under the Guardians and Wards Act. No costs.

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Issue for consideration

Whether the petitioner, the paternal uncle of two minors orphaned during the Covid-19 pandemic, can be declared the legal guardian of the persons and properties of the minors through a writ of declaration issued by the High Court under Article 226, given the school's insistence on a Guardianship Certificate for updating records and issuing a Transfer Certificate per CBSE norms.

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Court's answer

The High Court exercising its jurisdiction under Article 226 of the Constitution of India cannot declare a person to be a legal guardian of minors; likewise, the official respondents cannot give any such declaration.

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Ratio / Principle

The petitioner must file a necessary application under the Guardians and Wards Act before the concerned District Court and seek the guardianship declaration there.

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Key takeaways

It is for the competent District Court, on considering the facts and materials placed before it, to take a decision regarding declaring a person as guardian of the person and property of minor children; except giving this clarity, no further orders can be passed in the writ petition.ratio¶39

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.), WP No. 24759 of 2025, decided 09-07-2025: The petitioner, paternal uncle of two minors who lost both parents during the Covid-19 pandemic (father died 14.10.2020; mother died 29.04.2022), sought a writ of declaration under Article 226 appointing him legal guardian of the minors' persons and properties, because the minors' school (4th respondent, Everwin Public School) insisted on a Guardianship Certificate for updating school records and issuing a Transfer Certificate in compliance with the CBSE norms of the 5th respondent. Held: this Court exercising jurisdiction under Article 226 cannot declare a person to be a legal guardian of the minors, and the official respondents equally cannot give such a declaration; the petitioner must file a necessary application under the Guardians and Wards Act before the concerned District Court, and the competent Court, on considering the facts and materials placed before it, alone can decide on declaring a person guardian of the person and property of minor children. Except giving this clarity, no further orders were passed; the writ petition was disposed of in these terms with no costs.

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WP No. 24759 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-07-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 24759 of 2025

N.Ramaswamy

Petitioner(s)

State Of Tamilnadu Represented By Secretary, Department of Health and Family Welfare, Secretariat, Fort St George, Chennai 600 009.

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2.District Collector Chennai District, 4th Floor Singaravelar Maligai, 62 Rajaji Salai, Chennai 600 001.

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3.The Tahsildar Ambattur Taluk, Chennai District

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4.The Principal Everwin Public School, No. 8 Second Main Road, Ayyavu Nagar, Maduravoyal, Chennai 600 095.

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https://www.mhc.tn.gov.in/judis

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WP No. 24759 of 2025

5.The Director

CBSE Chennai Regional Office Old No. 1630A, 6th Avenue, 36thstreet, Near Sri Devi Hospital, Bharathi Colony, Bharathi Nagar, Anna Nagar, Chennai 600 040.

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Respondent(s)

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PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to appoint the petitioner as the legal guardian of the person and properties of minors namely 1.Ms.Saavtivka and 2.Master Dinesh Ram with full power of Managment , administration.

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For Petitioner(s): Mr.GS.Shive Kumar For Respondent(s): Mr.E.Sundaram Government Advocate for R1 to R3

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ORDER

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This writ petition has been filed for issue of writ of declaration to declare

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the petitioner as the legal guardian of the person and the properties belonging to

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minors viz., Ms.Saavtivka and Master Dinesh Ram.

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2.Heard Mr.G.S.Shiva Kumar, learned counsel appearing on behalf of the

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petitioners and Mr.E.Sundaram, learned Government Advocate appearing on

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behalf of respondents 1 to 3.

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https://www.mhc.tn.gov.in/judis

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WP No. 24759 of 2025

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3.The case of the petitioner is that he is the paternal uncle of two minor children. According to the petitioner, the minor children lost both their parents during Covid-19 Pandemic. The father passed away on 14.10.2020 and the mother passed away on 29.04.2022. Thereafter, it is the petitioner who is taking care of the education and general welfare of the minors. The further case of the petitioner is that the minor children are studying in the 4th respondent School and they are insisting that the petitioner must get a Guardianship Certificate for updating the school records and for issuing the Transfer Certificate in compliance with the education policy of the 5th respondent by following the CBSE norms. It is under these circumstances, the present writ petition has been filed before this Court.

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4.In the considered view of this Court, this Court exercising its jurisdiction under Article 226 of the Constitution of India cannot declare a person to be a legal guardian of the minors. Likewise, even the official respondents cannot give any such declaration. The petitioner has to file a

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https://www.mhc.tn.gov.in/judis

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WP No. 24759 of 2025

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necessary application under the Guardians and Wards Act before the concerned

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District Court and seek for such a declaration and the competent Court on considering the facts and the materials placed before the Court, takes a decision

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regarding declaring a person as a guardian of the person and property of minor children. Therefore, except giving this clarity, no further orders can be passed in this writ petition.

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5.This writ petition is disposed of in the above terms. No Costs.

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09-07-2025

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Index:Yes/No

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Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr

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https://www.mhc.tn.gov.in/judis

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WP No. 24759 of 2025

1.The Secretary State Of Tamilnadu, Department of Health and Family Welfare, Secretariat, Fort St George, Chennai 600 009.

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2.The District Collector Chennai District, 4th Floor Singaravelar Maligai, 62 Rajaji Salai, Chennai 600 001.

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3.The Tahsildar Ambattur Taluk, Chennai District

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4.The Principal Everwin Public School, No. 8 Second Main Road, Ayyavu Nagar, Maduravoyal, Chennai 600 095.

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5.The Director CBSE Chennai Regional Office Old No. 1630A, 6th Avenue, 36thstreet, Near Sri Devi Hospital, Bharathi Colony, Bharathi Nagar, Anna Nagar, Chennai 600 040.

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https://www.mhc.tn.gov.in/judis

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WP No. 24759 of 2025

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N.ANAND VENKATESH J.

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ssr

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WP No. 24759 of 2025

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09-07-2025

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https://www.mhc.tn.gov.in/judis

N.Ramaswamy v. State of Tamilnadu

Case brief

What is this about?

What did the court decide?

N.Ramaswamy v. State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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