Madras High Court
Jayanthi vs Nil on 2 February, 2023
C.M.A.No.207 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.207 of 2023
1.Jayanthi,
W/o.Srinivasan,
No.11, Main Road,
Ramalinga Nagar,
Kammiampettai,
Cuddalore 607 002.
2.Santhi,
W/o.Babu,
No.25, Sannathi Street,
Thirupadiripuliyur,
Cuddalore 607 002. ... Appellants
Vs.
Nil ... Respondent
Prayer: Appeal filed under Section 47 of Gaurdians and Wards Act, against the
order dated 12.09.2022 passed in GOP.No.45 of 2022 on the file of the
Principal District Court, Cuddalore District, Cudalore.
For Appellant : Mr.D.Baskar
For Respondent : Nil
1/5
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C.M.A.No.207 of 2023
JUDGMENT
The Appeal has been filed against the order dated 12.09.2022 passed in
GOP.No.45 of 2022 on the file of the Principal District Court, Cuddalore
District, Cuddalore.
2.No Respondent in this Appeal. G.O.P.No.45 of 2022 was filed by the
respective Mothers in respect of Minors viz., Rubesh (D.O.B.:29.05.2007),
Krishnapriya (D.O.B.:06.11.2008) and Harini (D.O.B.:26.05.2012), for selling
the minors' property and for investing the minors' share by way of constructing
a house. The same was dismissed on 12.09.2022, by the Principal District
Court, Cuddalore District, Cuddalore. The first Petitioner viz., Jayanthi is the
mother of minor Rubesh and the second Petitioner viz., Santhi is the mother of
minor Krishnapriya and minor Harini. They moved the above application on
the ground that they proposed to sell the properties of minors for the welfare of
the minors and they sought permission as required under Section 8 of Hindu
Minority and Guardianship Act, 1956 r/w Section 28 & 29 of Guardian and
Wards Act.
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C.M.A.No.207 of 2023
3.The point for consideration in this Appeal is whether the paramount
consideration of the minors is taken care off, while selling the property. From
the affidavit filed before this Court, I find that the Appellants are entitled to sell
the property, since the cashew trees in the subject property were destroyed by
the Thane cyclone that hit the coastal areas of Cuddalore on 30.12.2011 and
thereafter, the minimal income derived from the subject property also stopped
and the land is now without any irrigation facility. Therefore, for constructing a
house, the Appellants proposed to sell the properties. I am satisfied with the
affidavit filed by the respective mothers, for selling the properties of the minors.
4.Accordingly, the Civil Miscellaneous Appeal is allowed, setting aside
the order dated 12.09.2022 passed in GOP.No.45 of 2022 by the learned
Principal District Judge, Principal District District, Cuddalore and the
permission sought for by the Appellants/Petitioners in G.O.P.No.45 of 2022 on
the file of the learned Principal District Judge, Cuddalore is granted, with a
direction that within a period of 15 days from the date of registration, the
certified copy of the registered document has to be produced before the Court
below, along with a memo furnishing the investment proposal to be made for
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C.M.A.No.207 of 2023
the welfare of the minors.
02.02.2023
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
To
The Principal District Judge,
Principal District Court,
Cuddalore District,
Cuddalore.
https://www.mhc.tn.gov.in/judis
C.M.A.No.207 of 2023
RMT.TEEKAA RAMAN.J,
sai
C.M.A.No.207 of 2023
Dated: 02.02.2023
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