Sarada vs The District Collector
2022 Latest Caselaw 2358 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                     WP(C) NO. 6374 OF 2022
PETITIONERS:

    1       SARADA,AGED 71 YEARS,W/O. LATE BALAN
            THAZHATHETHIL , THAZHATHETHIL, VALLIKANJIRAM,
            NIRAMARUTHUR MALAPPURAM DISTRICT, PIN-676 109

    2       MINI,AGED 50 YEARS,D/O. LATE BALAN
            THAZHATHETHIL , THAZHATHETHIL, VALLIKANJIRAM,
            NIRAMARUTHUR, MALAPPURAM DISTRICT, PIN-676 109

            BY ADVS.
            DHEERAJ KRISHNAN PEROT
            CHITRA JOHNSON
            SMITHA (EZHUPUNNA)



RESPONDENTS:

    1       THE DISTRICT COLLECTOR,MALAPPURAM-676 109

    2       DIRECTOR,DIRECTORATE OF SOCIAL JUSTICE, VIKAS
            BHAVAN, 5TH FLOOR, THIRUVANANTHAPURAM-695

    3       DISTRICT SOCIAL JUSTICE OFFICER,
            CIVIL STATION ROAD, MALAPPURAM-676 505

    4       SABITHA,AGED 36 YEARS,D /O. LATE BALAN
            THAZHATHETHIL , THAZHATHETHIL, VALLIKANJIRAM,
            NIRAMARUTHUR MALAPPURAM DISTRICT, PIN-676 109

            G.P SRI. K.R. RANJITH, AMICUS CURIAE:
            SRI.V.RAMKUMAR NAMBIAR AND SMT. V. SATHYASREE
            PRIYA ESWARAN.




     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   02.03.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W P(C) NO.6374 of 2022
                                           2



                                     JUDGMENT

1st petitioner is the mother, and the 2 nd

petitioner is the sister, of the 4 th respondent. The

4th respondent is mentally challenged. As per Ext P1

certificate issued under the National Trust for

Welfare of Persons with Autism, Cerebral Palsy,

Mental Retardation and Multiple Disabilities Act,

1999, the petitioners were appointed as the local

guardian of the 4th respondent. For meeting the

expenses of the 4th respondent, including medical

needs, amounts are necessary. The petitioners have

approached the 1st respondent through Ext P2

application seeking permission to sell certain

immovable property over which the 4 th respondent also

has interest. In the light of the judgment of this

Court in Sabarinathan K. v. District Collector,

Palakkad (2021(5) KHC 651), the authority is vested

with the powers to consider Ext P2 application.

Accordingly the writ petition is disposed of

directing the local level committee under the W P(C) NO.6374 of 2022

National Trust Act, of which the 1 st respondent is the

chairman, to consider and pass appropriate orders on

Ext P2 application, taking note of all the relevant

facts including the right of the 4 th respondent, the

value of the property, the need etc. within a period

of two months from the date of receipt of a copy of

this judgment.

Sd/-

Sathish Ninan, Judge

vdv W P(C) NO.6374 of 2022

APPENDIX OF WP(C) 6374/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF CERTIFICATE APPOINTING THE PETITIONERS AS THE LEGAL GUARDIAN OF THE 4TH RESPONDENT DATED 08.07.2020

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 01.02.2022 BEFORE THE 1ST RESPONDENT