Madras High Court
Devendra Mehta vs The District Collector on 23 April, 2025
W.P(MD)No.5452 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Writ Petition(MD)No.5452 of 2025
Devendra Mehta ..Petitioner
Vs
1.The District Collector,
Virudhunagar District,
Virudhunagar District.
2.The Tahsildar,
Sivakasi,
Virudhunagar District.
3.The Sub Registrar,
Thiruthangal,
Virudhunagar District.
4.D.KhushbooMerita
5.D.Arpita Priyank Singhvi
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Declaration to declare the
petitioner as the guardian of Manju Mehta (wife) who is in comatose
state for disposal of the property situated in S.No.1779, to an extent of
3 acre and 65 cents (1.48.0 Hectare) and S.No.1781/4B1B, to an
extent of 10 cents of Keela Thiruthangal Village, Sivakasi Talujk,
Virudhunagar District.
1/23
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W.P(MD)No.5452 of 2025
For Petitioner : Mr.J.Jeyakumaran
For Respondents : Mr.S.Shaji Bino,
Spl. Govt. Pleader
(for R1 & R2)
Mr.R.Sureshkumar
Addl. Govt. Pleader (for R3)
ORDER
The writ petitioner seeks issuance of a Writ of Declaration to
declare him as the guardian of his wife, Mrs.Manju Mehta, who is in a
comatose state, for disposal of the property measuring an extent of 3
acres and 65 cents (1.48.0 hectares) comprised in S.No.1779, and
measuring an extent of 10 cents comprised in S.No.1781/4B1B
situated at Keela Thiruthangal Village, Sivakasi Taluk, Virudhunagar
District, respectively.
2. The petitioner is the husband of one Manju Mehta. The
petitioner - Devendra Mehta, Manju Mehta, Anil Mehta, and Kamala
Mehta purchased the property comprised in S.No. 1779 situated at
Keela Thiruthangal Village, Sivakasi Taluk, Virudhunagar District,
from one Radhakrishnan. The purchase was made by a registered
sale deed in Doc. No. 537/2004 dated 30.01.2004. After the
purchase, the petitioner, his wife, and two other purchasers were in
joint possession and enjoyment of the property.
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3. On the very same day, the aforesaid four persons also
purchased the property comprised in S.Nos. 1781/B4, 1781/B4B and
1781/4B1B situated in the very same village from the same vendor,
Radhakrishnan. For this property too, revenue records were mutated
in the name of the purchasers.
4. The four purchasers made an application to the Director of
Town and Country Planning at Madurai, seeking sanction to develop
the property into a layout. The said authority informed the
purchasers that they will have to hand over the common areas by way
of a registered document. It was also informed that only on
registration of the gift deed for the common area, the plan would be
taken up for approval.
5. All of a sudden, Mrs.Manju Mehta suffered from a brain
hemorrhage, and she is in a comatose stage. She was immediately
admitted to Manidhari Hospital and Maloo Neuro Centre at Jodhpur.
Taking into consideration the health of her mother, the fifth
respondent took her into custody and continued treatment at Pune in
Maharashtra.
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6. On account of her vegetative condition, Mrs.Manju Mehta is
not in a position to travel from Pune to Sivakasi for the purpose of
execution of the necessary document. The petitioner obtained a “No
Objection Certificate” from his two daughters and approached the
third respondent for the purpose of executing the document and
sought to dispense with the appearance of Mrs.Manju Mehta at the
time of presentation of the document. The document was on the
strength of the “No Objection Certificate” given by the daughters of the
petitioner. The remaining three owners, namely, the writ petitioner,
Anil Mehta, and Kamala Anil Mehta, presented a gift deed in the office
of the Sub Registrar at Thiruthangal, Virudhunagar District.
7. The third respondent informed the writ petitioner that his
wife has to be present at the time of execution of the document. He
issued a refusal check slip on 08.01.2025. Challenging the same,
W.P.(MD) No. 2095 of 2025 came to be filed before this court. The
said writ petition was withdrawn with liberty to file a fresh writ
petition for declaration that the writ petitioner (husband of Manju
Mehta) is her guardian. Two other check slips had been issued by the
third respondent. Those check slips were challenged by way of
separate writ petitions in W.P.(MD) Nos. 4691 and 4692 of 2025.
Taking into account the order of this court in W.P.(MD) No. 2095 of
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2025, the petitioner has filed the present writ petition seeking that he
be appointed as guardian for his wife.
8. I heard Mr.J.Jeyakumaran for the petitioner, Mr.S.Shaji
Bino, learned Special Government Pleader, for the respondents 1 and
2 and Mr.R.Sureshkumar, learned Additional Government Pleader, for
the third respondent.
9. On going through the records, I found that a certificate had
been issued by Dr.J.C. Maloo, Consultant Neurologist at Jodhpur,
stating that Mrs.Manju Mehta continues to be in a comatose condition
from February 2024. As the certificate was issued by a private
medical practitioner and since Manju Mehta had shifted to her
residence from Jodhpur to Pune, I decided to call for a report from a
reputed Government Hospital in Pune.
10. By order dated 28.02.2025, I directed the State Legal
Services Authority of Tamil Nadu to get in touch with the Chairman,
District Legal Services Authority, with a requisition to that officer to
get a report from a Government Hospital in Pune regarding the
medical status of Mrs.Manju Mehta. The Chairman-cum-Principal
District and Sessions Judge, District Legal Services Authority, Pune,
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sent a communication on 18.03.2025 enclosing a certificate issued by
Sassoon General Hospital, Pune.
11. The Dean and the Medical Superintendent of the Sassoon
General Hospital at Pune have constituted a medical board consisting
of the following doctors:
1. Dr.H.B.Prasad, Professor and Head of the
Department, Department of Medicine, Sassoon
General Hospital, Pune.
2. Dr.A.V.Kharat, Assistant Professor,
Department of Neurology, Sassoon General Hospital,
Pune.
3. Dr.Ravikant Chole, Occupational
Therapist, Department of Orthopedics, Sassoon
General Hospital, Pune.
12. The medical report stating the present condition of
Mrs.Manju Mehta is scanned and extracted hereunder:
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13. A perusal of the report makes it clear that the condition of
Mrs.Manju Mehta has not undergone any improvement. The medical
report also states that she is not in a position to undertake travel to
Virudhunagar.
14. In addition to the medical report, I had requested the
District Legal Services Authority, Pune to direct the Revenue
Department to go over to the premises where Mrs.Manju Mehta is
currently residing and find out as to who is taking care of her.
15. Accordingly, the Principal District and Sessions Judge and
Chairman, District Legal Services Authority, Pune had issued
appropriate directions to the Tahsildar. The original of the report and
the translated copy are scanned and extracted hereunder:
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16. The law on this point has been settled by the judgment of a
Division Bench of this court in S.Sasikala vs. State of Tamil Nadu,
2024(3) CTC 639. The Division Bench, by following the judgment of
the Division Bench of the Kerala High Court in Shobha
Balakrishnan and another vs. State of Kerala W.P.(C) No.37278
of 2018 dated 20.02.2019, held that the person taking care of a
comatose patient can be appointed as guardian in the exercise of the
extra original jurisdiction of this court under Article 226 of the
Constitution of India.
17. Since the condition of Mrs.Manju Mehta has not been
showing any improvement from February 2024 and since she is 80%
disabled, following the said verdicts, I appoint the writ petitioner as
the guardian for Mrs.Manju Mehta, who is currently residing at No.
A903, Yash Twin Tower, Opposite Pan Card Club, Baner, Pune,
Maharashtra – 411 045. I reach this conclusion on account of the fact
that the writ petitioner is taking care of his wife, and since there is no
other provision under the law enabling the petitioner to approach a
court or authority for the purpose of appointing him as guardian.
Accordingly, the writ petitioner is declared as the guardian of
Mrs.Manju Mehta.
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18. Since the petitioner has been declared as the guardian of
Mrs.Manju Mehta, a comatose patient, he will be entitled to present
documents relating to the properties referred to in this order for the
purpose of alienation or for the purpose of securing approval from the
Directorate of Town and Country Planning and the Local Planning
Authorities. On such presentation of documents by the petitioner on
his behalf and on behalf of Mrs.Manju Mehta, the Sub Registrar and
the Local Planning Authority shall receive the document and return it
to the petitioner, after registration.
19. This Court places on record its deep appreciation to the
District Legal Services Authority at Pune for the efforts taken by it to
obtain the certificates, which has enabled this Court to effectively to
deal with the matter. The Tamil Nadu State Legal Services Authority
shall issue a letter of appreciation to the District Legal Services
Authority.
20. With the above direction, this writ petition is allowed. No
costs.
23.04.2025
NCC : Yes/No
Index : Yes/No
Internet:Yes
skn/Lm
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To
1.The District Collector,
Virudhunagar District,
Virudhunagar District.
2.The Tahsildar,
Sivakasi,
Virudhunagar District.
3.The Sub Registrar,
Thiruthangal,
Virudhunagar District.
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V.LAKSHMINARAYANAN, J.
skn/Lm
Writ Petition(MD)No.5452 of 2025
23.04.2025
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