Prathibha P. Shenoy vs The State Of Kerala
2023 Latest Caselaw 3369 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                  THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                             WP(C) NO. 34107 OF 2022
PETITIONER:

              PRATHIBHA P. SHENOY
              W/O. LATE PRABODH M. SHENOY, AAGED 52, OPP: SRI KASHISADAN,
              MAROOR'S COMPOUND, D 12/1/104, DONGERKERY ROAD, (ASRP ROAD),
              MANGALORE, DAKSHINA KANNADA 575 003, KARNATAKA STATE.

              BY ADVS.
              R.LAKSHMI NARAYAN
              R.RANJANIE
              PARVATI M. PAI
              NEVIL ZACHARIA MATHEW



RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
              SECRETARIAT, THIRUVANANTHAPURAM - 695001

     2        THE DISTRICT COLLECTOR AND CHAIRMAN
              NATIONAL TRUST LOCAL LEVEL COMMITTEE, COLLECTORATE,
              COLLECTORATE RD, THAVAKKARA, KANNUR- 670002.

     3        THE NATIONAL TRUST LOCAL LEVEL COMMITTEE,
              COLLECTORATE, COLLECTORATE RD, THAVAKKARA, KANNUR- 670002,
              REPRESENTED BY ITS CHAIRMAN.

* ADDL. RESPONDENTS 4 TO 7

 ADDL. R4     THE UNION OF INDIA
              REPRESENTED BY THE SECRETARY, MINISTRY OF SOCIAL JUSTICE AND
              EMPOWERMENT, SHASTRI BHAWAN, C-WING, DR. RAJENDRA PRASAD
              ROAD, NEW DELHI - 110011

 ADDL. R5     NATIONAL TRUST FOR THE WELFARE OF PERSONS WITH AUTISM
              CEREBRAL PALSY MENTAL RETARDATION AND MULTIPLE DISABILITIES,
              GOVERNMENT OF INDIA, REPRESENTED BY ITS CEO, 16B, BADA BAZAR
              ROAD, OLD RAJINDER NAGAR, NEW DELHI - 110060.
 WP(C) NO. 34107 OF 2022              -2-


 ADDL. R6    THE LOCAL LEVEL COMMITTEE,
             DAKSHINA KANNADA, OFFICE OF THE DEPUTY COMMISSIONER, NEAR
             STATE BANK, DAKSHINA KANNADA, MANGALURU REPRESENTED BY ITS
             CHAIRMAN

 ADDL. R7    SEVA BHARATHI
             MANGALURU (REGISTRATION NO. 119) BALAMARUTHI VYAYAMA MANDALA
             VITOBA TEMPLE ROAD, MANGALURU - 575001.

* [ADDL. R4 TO R7 ARE IMPLEADED VIDE ORDER DATED 12/01/2023 IN IA 1/22 IN WP(C)]

             BY ADVS.
             ADVOCATE GENERAL OFFICE KERALA
             K.V.SREE VINAYAKAN
             SHRI.N.MANOJ KUMAR, STATE ATTORNEY
             K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY



OTHER PRESENT:

             SHRI.N.MANOJ KUMAR, STATE ATTORNEY. K.R.RANJITH, GOVERNMENT
             PLEADER WITH STATE ATTORNEY. SRI. V. RAMKUMAR NAMBIAR (AMICUS
             CURIAE). SMT. SATHYA SREEPRIYA (AMICUS CURIAE). KUM. S.
             KRISHNA (ADVOCATE BY COURT ORDER)




     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            = = = = = = = = = = = = = = = = = =
                  W.P.(C) No.34107 of 2022
            = = = = = = = = = = = = = = = = = =
           Dated this the 24th day of March, 2023

                           J U D G M E N T

The petitioner is a widow. Her only child, aged 24

years, suffers from intellectual disability. The

petitioner has been appointed as his guardian under the

National Trust for Welfare of Persons with Autism,

Cerebral Palsy, Mental Retardation and Multiple

Disabilities Act, 1999 (hereinafter referred to as "the

Act"). Ext.P2 is the certificate. The present issue

relates to conveying of the petitioner's son's share in

an immovable property.

2. Under Ext.P3 Partition Deed No.2587 dated

27.06.1984 of Kannur Sub Registry Office, the petitioner

and her son are entitled to 1/8 th shares each in the

property dealt with therein. The petitioner and her son

are residing at Mangalore and the property is at Kannur.

Since the petitioner is not in a position to look after W.P.(C) No.34107 of 2022

the property, she released her 1/8th shares in favour of

her brother-in-law for consideration. The 1/8 th share

held by her son also needs to be transferred to the same

person for consideration.

3. Seeking permission to execute conveyance in

respect of the share of the petitioner's son, the

petitioner, as the guardian, approached the Local Level

Committee at Mangalore. The request was declined.

Thereupon, the petitioner approached the Local Level

Committee at Kannur. The Local Level Committee rejected

the request as per Ext.P7 order since the order of

guardianship was by the Local Level Committee at

Mangalore. It is in the said circumstances that the

petitioner has approached this Court.

4. Pending the writ petition, the leaned Central

Government Counsel took up the matter with the Local

level Committee at Mangalore. Taking note of the fact

that the property is situated within the jurisdiction of

the Local Level Committee at Kannur, the Local Level W.P.(C) No.34107 of 2022

Committee at Mangalore has issued a communication dated

17.03.2023 stating that, since the property is situated

at Kannur the Local Level Committee at Kannur could

entertain the petition and pass appropriate orders. A

copy of the said communication has been produced by the

learned Central Government Counsel as Annexure-4(b). In

Annexure-4(b), it is suggested that the sale proceeds

could be deposited in a fixed deposit in the name of the

petitioner's son.

5. In K. Sabarinathan v. District Collector Palakkad, ILR 2021

(4) Kerala 726, this Court has held that the Local Level

Committee could grant permission to deal with the

property of a person covered under the Act through the

guardian appointed thereunder, on conditions sufficient

to protect the interests of the concerned.

In the light of the above, it is ordered that the

National Trust Local Level Committee, Kannur - third

respondent, headed by the second respondent, shall

consider the petitioner's application to sell the W.P.(C) No.34107 of 2022

undivided share of the property of her son referred to

supra, notwithstanding Ext.P7 communication dated

06.08.2022, in accordance with law, and pass appropriate

orders. Let the order be passed within a period of three

months from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 34107/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF CERTIFICATE DATED 13.7.2021, ISSUED BY THE WENLOCK DISTRICT HOSPITAL, MANGALORE

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE DATED 27.07.2021, ISSUED BY THE LOCAL LEVEL COMMITTEE, NATIONAL TRUST, MANGALORE

EXHIBIT P3 THE TRUE COPY OF THE REGISTERED PARTITION DEED BEARING NO. 2587/84 OF SRO, KANNUR DATED 27.6.1984

EXHIBIT P4 THE TRUE COPY OF THE THE LETTER DATED 2.12.2021, ADDRESSED TO THE DISTRICT DISABLED WELFARE OFFICER, DEPARTMENT OF EMPOWERMENT OF DIFFERENTLY ABLED CHILDREN AND SENIOR CITIZEN, DAKSHINA KANNADA DISTRICT, ZILLA PANCHAYATH, KOTTARA, MANGALORE

EXHIBIT P5 THE TRUE COPY OF THE LEGAL OPINION DATED 1.12.2021 ISSUED BY SMT. PUSHPALATHA, ADVOCATE, LOCAL LEVEL COMMITTEE.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 25.3.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE REJECTION LETTER DATED 6.8.2022 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 THE TRUE COPY OF THE RELEASE DEED DOCUMENT NO 3319/1/2021 DATED 27.12.2021 OF SRO, KANNUR.

EXHIBIT P9 THE TRUE COPY OF THE APPLICATION DATED 5.7.2021, SUBMITTED BY THE PETITIONER.

EXHIBIT P10 THE TRUE COPY OF THE APPLICATION DATED 11.11.2021

EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT DATED 23.09.2021 IN WPC NO.15402/2021 OF THIS HON'BLE COURT.

RESPONDENT ANNEXURES APPENDIX-W.P.(C) No.34107 of 2022

ANNEXURE R4(A) A TRUE COPY OF THE LETTER ISSUED BY THE COORDINATOR, SNAC, KERALA DATED 24.02.2023

ANNEXURE R4(B) A TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT COMMISSIONER AND CHAIRMAN OF LOCAL LEVEL COMMITTEE, D K DISTRICT, MANGALORE DATED 17.03.2023

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