Madras High Court
Vanamayil vs The District Collector on 27 February, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.6882 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.6882 of 2025
VANAMAYIL ... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
KANCHIPURAM DISTRICT,
KANCHIPURAM.
2. THE WELFARE OFFICER,
DISTRICT DISABLED REHABILITATION OFFICE,
COLLECTORATE, KANCHIPURAM DISTRICT.
KANCHIPURAM.
3. MEDICAL BOARD OF PERSONAL DISABILITIES,
GOVERNMENT HEADQUARTERS HOSPITAL,
CHENNAI.
4. THE SPECIAL COMMISSIONER OF DISABILITIES,
CHENNAI. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Mandamus, directing the respondents herein to appoint
the petitioner as Guardian for her Second Daughter namely S.Meena, Female
aged about 33 years, daughter of late Sagayam, No.37 (1), Bajanai Koil
Street, Keezhragunathapuram, Mangadu, Kanchipuram-600122, based upon
the petitioner's representation dated 19.12.2024.
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W.P.No.6882 of 2025
For Petitioner : Mr.S.Gopinath
For R1 to R4 : Mr.S.Senthil Murugan
Special Government Pleader
ORDER
This writ petition has been filed with a prayer to direct the respondents
to appoint the petitioner as Guardian for her second daughter namely
S.Meena, Female aged about 33 years, daughter of late Sagayam, No.37 (1),
Bajanai Koil Street, Keezhragunathapuram, Mangadu, Kanchipuram-600122,
based upon the petitioner's representation dated 19.12.2024.
2. The case of the petitioner is that the said daughter has been identified
as having a mental disability from the age of 10 onwards. A certificate has
also been issued indicating the percentage of mental retardation as 75%.
Therefore, the petitioner seeks herself to be appointed as the guardian.
3. The matter is no longer res integra. This Court speaking through
Hon'ble Mr.Justice G.R.Swaminathan in the matter of G.Babu Vs. The
District Collector and others in W.P.(MD) No. 18042 of 2022, has settled the
issue by considering the difficulties faced by these kind of persons in detail
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and after considering all the relevant judgments in this regard, held that
irrespective of minor deviations in the percentage of disability, when the
persons come within the category of severe suffering, a guardian can be
appointed. Paragraph No. 16 of the judgement is extracted hereunder for
ready reference:-
“16. The petitioner's sister is suffering from 60 % disability.
As per the definition in the 1999 Act, only if the person is suffering
with more than 80 % disability, it will come under the severe
category. It has already been noted that the concept of severe
disability has been given up in the 2016 Act. The materials on
record clearly indicate that the petitioner's sister is suffering from
benchmark diability. A case for appointing guardian has been
clearly made out. In this view of the matter, the order impugned in
this writ petition is set aside. The first respondent is directed to
appoint the petitioner as guardian for his sister Ms.G.P.”
4. In view thereof, this writ petition is ordered on the following terms:-
(i) The second respondent is hereby directed to
take steps and pass orders appointing the petitioner as a
guardian within a period of six weeks from the date of
receipt/production of the website uploaded copy of this
order without awaiting for the certified copy of the
order.
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(ii) Needless to mention that the petitioner shall
comply with the procedural requirements, if any, and
the second respondent shall ensure that these procedural
requirements do not result in the petitioner being
relegated from pillar to post.
(iii) Every effort must be made and the second
respondent as well as the other officers, shall
empathetically be alive to the situation, ensuring that
within six weeks from the date of the receipt/production
of the order, the petitioner should be appointed as the
guardian. The compliance of procedural requirements
cannot be a matter for further delays.
(iv) No costs.
27.02.2025
Neutral Citation: Yes/No
nsl
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To
1. THE DISTRICT COLLECTOR,
KANCHIPURAM DISTRICT,
KANCHIPURAM.
2. THE WELFARE OFFICER,
DISTRICT DISABLED REHABILITATION OFFICE,
COLLECTORATE, KANCHIPURAM DISTRICT.
KANCHIPURAM.
3. MEDICAL BOARD OF PERSONAL DISABILITIES,
GOVERNMENT HEADQUARTERS HOSPITAL,
CHENNAI.
4. THE SPECIAL COMMISSIONER OF DISABILITIES,
CHENNAI.
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D.BHARATHA CHAKRAVARTHY, J.
nsl
27.02.2025
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