Saramma Thomas vs State Of Kerala
2023 Latest Caselaw 6713 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE C.S.DIAS
         TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                             WP(C) NO. 17976 OF 2023
PETITIONER:

     1        SARAMMA THOMAS
              AGED 70 YEARS
              W/O THOMAS, VADASSERIPOIKAYIL HOUSE,
              ERAVINALLOOR P.O., KOTTAYAM, PIN - 686011
              BY ADV A.K.HARIDAS

RESPONDENTS:

     1        STATE OF KERALA
              REP. BY SECRETARY TO GOVERNMENT,
              DEPARTMENT OF SOCIAL WELFARE,
              SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001
     2        LOCAL LEVEL COMMITTEE UNDER THE NATIONAL TRUST ACT
              REP. BY IT'S CHAIRMAN, DISTRICT COLLECTOR,
              KOTTAYAM DISTRICT, CIVIL STATION ,
              KOTTAYAM, PIN - 686501
              BY ADVS.
              SRI SREEJITH V S, GOVERNMENT PLEADER
              SRI RAM KUMAR NAMBIAR, AMICUS CURIAE

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.17976 of 2023
                                   2




                             C.S.DIAS, J.
                -------------------------
                       W.P.(C.) No.17976 of 2023
                -------------------------
            Dated this the 20th day of June, 2023

                             JUDGMENT

The writ petition is filed to direct the second

respondent - Local Level Committee constituted

under the National Trust for Welfare of Persons

with Autism, Cerebral Palsy, Mental Retardation

and Multiple Disabilities Act, 1999 (in short

'Act'), to take a decision on Ext.P2 application

submitted by the petitioner.

2. The petitioner's case is that, she is the

widow of Thomas (deceased). In her marriage

with the deceased, they have two children named

Asha Thomas and Rachel Biju. Thomas died on

28.01.1991. The petitioner and her children have

inherited the properties of the deceased. The WPC No.17976 of 2023

petitioner wants to relinquish a portion of the

inherited property to the brother of the deceased.

The petitioner's daughter Asha Thomas is a

mentally retarded person falling within the

definition of Section 2(g) of the Act. Ext.P1

certificate proves this fact. Although the

petitioner has preferred Ext.P2 application, in

Form - A as per the provisions of the Act and

Rules framed thereunder, before the second

respondent, to appoint the petitioner as the

guardian of Asha Thomas, the same is not

considered till date. There is inaction on the part

of the second respondent. Hence, the writ

petition.

3. Heard; Sri.A.K.Haridas, the learned

Counsel appearing for the petitioner,

Sri.Ramkumar Nambiar, the learned Amicus

Curiae and Sri.Sreejith V.S., the learned

Government Pleader.

WPC No.17976 of 2023

4. Sri. Sreejith V.S., on instructions,

submitted that the second respondent had issued

a notice to the petitioner to appear on

24.05.2023. Yet, she did not turn up. Moreover,

Ext.P1 disability certificate is issued by a private

Hospital, that too, on 02.12.1997. If the second

respondent has to take a decision on the mental

status of Asha Thomas, necessarily, she would

have to be independently evaluated by a Medical

Board as per the regulations under the Board of

Trust Regulations, 2001. The second respondent

will consider and dispose of Ext.P2 application, in

accordance with law, immediately after the

receipt of the certificate from the Medical Board

and the petitioner submitting the necessary

documents as per the regulations.

5. Having considered the pleadings and

materials on record and the submission made by

the respective learned Counsel appearing for the WPC No.17976 of 2023

parties, I deem it appropriate to dispose of this

writ petition.

Accordingly, I order the writ petition as

follows:

(i) The second respondent is directed to

consider and dispose of Ext.P2 application, in

accordance with the provisions of the Act, Rules

and Regulations framed thereunder, as

expeditiously as possible, at any rate, within a

period of three months from the date of receipt of

the medical certificate of Asha Thomas from the

competent authority, and subject to the condition

that the petitioner produces the necessary

documents prescribed under the Act and

Regulations.

(ii) It is made clear that, this Court has not

expressed anything on the merits of Ext.P2

application.

(iii) This Court places on record its WPC No.17976 of 2023

appreciation for the assistance rendered by the

learned Amicus Curiae.

Sd/-

C. S. DIAS JUDGE SKP/20-06 WPC No.17976 of 2023

APPENDIX OF WP(C) 17976/2023

PETITIONER'S EXHIBITS:

EXHIBIT1 P1 A TRUE COPY OF MEDICAL CERTIFICATE OF ASHA THOMAS DATED 02.12.1997 EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 20.4.2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE