Sujith T.S vs The Local Level Committee, ...
2023 Latest Caselaw 1304 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                      WP(C) NO. 1155 OF 2023
PETITIONER:

            SUJITH T.S,AGED 39 YEARS,S/O SASIDHARAN ELAYATH,
            THIRUMANAGALATH ILLAM, VENGOOR VILLAGE AND POST,
            KUNNATHUNAD TALUK,ERNAKULAM DISTRICT, PIN -
            683546
            BY ADVS.
            T.M.RAMAN KARTHA
            MANJU R. KARTHA
            M.S.SOUJATH
            SYAMA MOHAN
            VIDYESWARI V.
            REVATHY M.A.
RESPONDENTS:

    1       THE LOCAL LEVEL COMMITTEE, ERNAKULAM
            (CONSTITUTED UNDER S.13 OF THE NATIONAL TRUST FOR
            WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY,
            MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT,
            1999),CIVIL STATION, ERNAKULAM, KAKKANAD,
            KOCHI,PIN - 682030.
            REPRESENTED BY CHIEF EXECUTIVE OFFICER,
    2       THE DISTRICT COLLECTOR, ERNAKULAM
            COLLECTORATE, CIVIL STATION,
            KAKKANAD, KOCHI-, PIN - 682030

            SRI.V.RAMKUMAR NAMBIAR(AMICUS CURIAE)
            SMT.SATHYASREE PRIYA EASWARAN (AMICUS CURIAE)
            SRI.K.R.RANJITH GOVERNMENT PLEADER
     THIS     WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   18.01.2023,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                         Sathish Ninan, J.
                ==============================
                    W.P(C) No.1155 of 2023
                  ==========================
           Dated this the 18th day of January, 2023

                                JUDGMENT

Seeking appointment of the petitioner as the

guardian of one Kesavan Elayath, who is allegedly

mentally retarded, the petitioner, who is the grandson,

has filed Ext P2 application in terms of Section 14 of

the National Trust for the Welfare of Persons with

Autism, Cerebral Palsy, Mental Retardation and Multiple

Disabilities Act, 1999 read with Rule 16 of the rules

made thereunder. The application is pending

consideration by the authority. All that the petitioner

seeks for is an expeditious disposal of Ext P2

application by the authority.

2. Heard the learned counsel for the petitioner,

the learned senior Government Pleader and also the

learned amicus curiae.

3. Ext P2 application is filed as early as on

11.09.2021. The same needs to be dealt with without

further delay.

W.P(C) No.1155 of 2023

In the circumstances, the Writ Petition is disposed

of directing the respondents to consider and pass

appropriate orders on Ext P2 application in accordance

with law as expeditiously as possible, and at any rate

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.1155 of 2023

APPENDIX OF WP(C) 1155/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 1.1.2013 ISSUED BY THE MEDICAL BOARD OF THE DISTRICT HOSPITAL, ALUVA REGARDING THE MENTAL HEALTH OF SRI. KESAVAN ELAYATH Exhibit P2 TRUE COPY OF APPLICATION DATED 11.9.2021 SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT Exhibit P3 TRUE COPY OF RECEIPT DATED 20.9.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT ON SUBMISSION OF EXHIBIT P2