Philomena Leo Lobo vs Union Of India Through The ...
2017 Latest Caselaw 8220 Bom

                                                                                   918-wpl-28269-2017.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       WRIT PETITION (L) NO.28269 OF 2017

Philomena Leo Lobo                                                          ...Petitioner
           vs.
Union of India and Others                                                   ...Respondents

Mrs. S.V. Sonawane, for the Petitioner
Mr. Advait Sethna, for Respondent No. 1.
Ms. Kavita Solunke, AGP for the Respondent-State.
Mr. Aakash Ligade, Tahsildar, Thane, for Respondent No. 2.

                           CORAM :  SHANTANU KEMKAR &
                                    G.S. KULKARNI, JJ.

DATE : OCTOBER 13, 2017

ORAL ORDER (Per Shantanu S. Kemkar, J.)

. By filing this Petition under Article 226 of the

Constitution of India, the Petitioner is seeking direction in the

nature of Mandamus declaring her as guardian of her husband Mr.

Philomena Leo Lobo.

2. According to the Petitioner, her husband is in comatose

condition. In support of the averments made in the Petition, the

Petitioner has filed the medical certificate dated 21 st September,

2017 from Apollo Hospital certifying therein as under

"This is to inform that the patient by name Mr. Lobo has been admitted in Apollo Hospital, Navi Mumbai under my care since 20th August, 2017 currently on bed No. 6006, IP Number ANMIP6535 in B ward. He is suffering from a malignant MCA territory infarction of the left side of the

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brain and is presently in a persistent vegetative state. Due to his condition, he is unable to speak, sign or communicate in any way. He is being planned for discharge on Tuesday dated 26th September, 2017. He will need continuous monitoring and nursing care at home along with physiotherapy and speech therapy".

3. In order to ascertain the correctness of the averments

made in the Petition, this Court on 11 th October, 2017 had directed

the Sub Divisional Magistrate to visit the place of residence of the

husband of the Petitioner and submit a report in regard to his

health condition.

4. In pursuance to the said direction, the S.D.M., Thane

visited the place of residence of the Petitioner and her husband and

vide his report dated 12th October, 2017 has certified the

correctness of the averments made in the Petition. Along with the

said report, he has also submitted the relevant documents

including photographs of the Petitioner's husband and the medical

papers of the Apollo Hospital.

5. Having gone through the medical papers as also the

report of the S.D.M, Thane, we find ourself in agreement with the

averments made in the Petition and the medical certificate to the

effect that the Petitioner's husband Mr. Philomena Lobo is in

comatose condition. We have also gone through the affidavit filed

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by the Petitioner's and Mr. Lobo's daughters namely Lynette

William and Tina Gidwani. Both the daughters have stated that

their father is in comatose condition and that the Petitioner has

spent huge amount for the treatment of their father and she needs

money for the expenditures on nursing, medicines, diet and to run

household expenses. They have given their no objection for grant

of reliefs claimed in the Petition in favour of the Petitioner.

6. Keeping in view the aforesaid affidavits filed by the

Petitioner's daughters and the medical report of Apollo Hospital as

also the report of the S.D.M., Thane, we allow the Petition in terms

of the prayer clause (b) and (c) which reads thus:

(b) That this Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Mandamus declaration that the Petitioner Mrs. Philomena Leo Lobo be guardian of her husband Mr. Leo Lobo, who is in comatose condition.

(c) That this Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Mandamus directing the Respondent Authorities, all the banks, finance institutes as described in the Schedule I annexed to the Petition to allow the Petitioner to operate /deal with finance affairs of Mr. Leo Lobo."

7. The Petition is disposed of as such.

8. The parties as also the concerned Bank Authorities to

act on the basis of authenticated copy of this order.

           (G.S. KULKARNI, J.)                    (SHANTANU KEMKAR, J.)

Vishal Parekar                                                                                    3/3