Madras High Court

S.Gita vs The State Of Tamilnadu on 20 June, 2025

Author: N.Anand Venkatesh

Bench: N. Anand Venkatesh

                                                                                       WP No. 3333 of 2025




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 20-06-2025

                                                         CORAM

                         THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

                                                WP No. 3333 of 2025

                1. S.Gita
                W/o Mr.R. Suresh Kumar,
                                            th
                Residing At Tower B No 71, 7 Floor
                Commanders Court, No 49 Ethiraj Salai
                Egmore, Chennai 600 008

                                                                                       Petitioner(s)

                                                              Vs

                1. The State Of Tamilnadu
                Represented Herein By The Secretary
                Of Health And Family Affairs,
                Secretariat, Chennai 600 009

                2.The District Collector
                62, Rajaji Salai, Fourth Floor,
                Chennai 600 001

                3.The Tahsildar, Egmore
                Spur Tank Road,
                M.S. Nagar,
                Mukta Gardens, Egmore,
                Chennai 600 031

                4.The Sub-Registrar



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                                                                                           WP No. 3333 of 2025



                Joint -1, Court Campus, Contonment,
                Trichy 620 001

                5.R. Haresh Kumar
                S/o Ramchand

                6.R. Mahesh Kumar
                S/o Ramchand

                7.Sandhya P Mehra
                W/o Parmanand

                8.Mohit Suresh Kumar
                S/o Mr R Suresh Kumar

                                                                                           Respondent(s)
                PRAYER
                Declaring the Petitioner, Ms.S.Gita, as the guardian of her husband Mr.R Suresh
                Kumar who is in a comatose condition, for operating his bank accounts /
                investments and dealing with immovable properties for the purpose of
                protecting his interests.

                                  For Petitioner(s):       Ms.Varuni Mohan
                                                           for Mr.G.Vivekanand

                                  For Respondent(s):       Mr.E.Sundaram
                                                           Government Advocate for R1-4
                                                           No appearance for R5, 7 and 8

                                                             ORDER

This writ petition has been filed for the issuance of a writ of mandamus to

declare the petitioner as the guardian of her husband, Mr. R. Suresh Kumar,

who is in a comatose condition, in order to operate the bank accounts and to

deal with the immovable properties for augmenting funds to meet the medical

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expenses and also the living expenses of the petitioner.

2. Heard Ms.Varuni Mohan, for Mr.G.Vivekanand, learned counsel for

the petitioner and Mr.E.Sundaram, learned Government Advocate for the 1st to

4th respondents.

3. The petitioner was married to one R. Suresh Kumar in 1984, and out of

their wedlock, they had a son, who is the 8th respondent in this writ petition. On

03.09.2014, the petitioner's husband fell unconscious and was rushed to the

hospital. The doctors found that there was heavy bleeding in the brain, and he

was given ventilator support. Thereafter, he went into a comatose condition. The

same condition continues till date.

4. The petitioner has been spending a huge amount of money on medical

expenses for her husband. Since her husband is not in a position to handle the

bank accounts or deal with the immovable properties, the petitioner has

approached this Court and sought for appointing her as a guardian of her

husband.

5. In order to establish that the petitioner's husband continues to be in a

comatose condition, a doctor's certificate dated 01.05.2025 was also placed

before this Court.

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6. A similar case came up before me in W.P.No.20544 of 2025, dated

11.06.2025 and relying upon an earlier Division Bench judgment of this Court,

the following order was passed:

“6. A similar issue arose before the Division Bench of this Court in S.Sasikala vs. State of Tamil Nadu and others [W.A.No.1538 of 2024]. This writ appeal was disposed of by order dated 23.05.2024. The Division Bench took note of the Division Bench judgment of the Kerala High Court and also the order passed by the learned Single Judge in W.P.No.4370 of 2022 dated 06.07.2022. After considering the facts and circumstances of the case, the writ appeal was disposed of in the following terms:

"8. In this view of the matter, the order impugned in the writ appeal dated 23.04.2024 in W.P.No.11314 of 2024 is set aside and the following directions are issue:

(a)The appellant herein is appointed as the guardian for the person as well as properties of Thiru.M.Sivakumar, husband of the appellant.

(b)It is stated that the immovable property bearing No.80, Waltax Road, Chennai-600 003 belongs to Thiru.Sivakumar. The appellant is permitted to deal with the property on behalf of Thiru.Sivakumar. We are not sure about the valuation of the property. We conservatively assume that it may fetch

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more than a Crore of rupees. The appellant has to ensure that a sum of Rs.50 lakhs is deposited in a nationalized bank in the name of Thiru.M.Sivakumar. The deposit amount will fetch interest and the accrued interest can be withdrawn by the appellant once in three months. Fixed Deposit so created shall remain till the life time of Thiru.Sivakumar. After his demise, it will go in three equal shares in favour of his legal heirs viz., wife S.Sasikala, daughter S.Durga Devi and son S.Akash. We have incorporated such a condition only for the benefit of the family. Only if there is a fixed deposit, it will ensure that at least the survival needs are met.

(c)The appellant is directed to file an affidavit before the Registry of this Court indicating the compliance of the direction to create Fixed Deposit in the name of Thiru.Sivakumar to the tune of Rs.50 lakhs (Rupees Fifty Lakhs only)."

7. In the considered view of this Court, the above order passed by the Division Bench can be followed in the present case also and accordingly, this writ petition is disposed of in the following terms:

(a)the first petitioner is appointed as the guardian for the person as well as the properties of Mr.K.Sekar, the husband of the first petitioner;

(b)the first petitioner is permitted to operate the bank account of her husband in her capacity as the guardian;

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(c)it is stated that the immovable properties registered as (i)Doc.No.2511 of 2012 on the file of SRO, Paramathi; (ii) Doc.No.2724 of 2021 on the file of SRO, Vellore; (iii) Doc.No.2104 of 2023 on the file of SRO, Vellore; and Doc.No.5750 of 2022 on the file of SRO, Paramathi, stands in the name of the first petitioner's husband and they are permitted to be dealt with by the first petitioner. Learned counsel for the petitioners, on instructions, has informed the Court that the tentative market value that the properties will fetch will be Rs.20,39,000/-. In view of the same, a sum of Rs.15,00,000/- [Rupees Fifteen Lakhs only] shall be deposited in the Fixed Deposit before the Lakshmi Vilas Bank, Velur Branch, Namakkal. The accrued interest is permitted to be withdrawn by the first petitioner once in three months to meet the medical expenses of the first petitioner's husband. The remaining amount that is fetched on sale of the immovable property shall be deposited in the Savings Bank account which stands in the name of the first petitioner's husband at Lakshmi Vilas Bank, Velur Branch, Namakkal and it can be utilized to meet the family expenses and educational expenses of petitioners 2 and 3;

(d)the first petitioner is directed to submit the accounts of the income and expenditure incurred before the Registry of this Court once in six months and the same shall be put up along with the main bundle;

(e)if the first petitioner is in need of more funds to meet the expenditure and wants to deal with the other immovable properties, it is left open to the first petitioner to approach this Court and file a petition and seek for necessary permission.

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(f)the first petitioner is directed to file an affidavit before the Registry of this Court indicating the compliance of the directions issued by this Court to create Fixed Deposit in the name of her husband to the tune of Rs.15,00,000/-.”

7. In the instant case, the petitioner has to take care of her husband, who

is in a comatose condition and there is no other source of income for the

petitioner. The petitioner will find it very difficult to sustain herself and her

husband. Therefore, this Court is inclined to appoint the petitioner as a guardian

of her husband, Mr.R.Suresh Kumar, and permit her to operate his bank th accounts/investments and also deal with his 1/4 share in the immovable

property situated at T.S.No.39/1 (part), Abishekapuram, Tiruchirapalli.

8. The petitioner is directed to submit the accounts regarding the receipts

and expenses incurred by the petitioner once in three months before the

Registrar General, High Court of Madras. The same shall be put up in the main

bundle.

9. The writ petition is disposed of with the above terms. No costs.

Consequently, the connected miscellaneous petitions, if any, are closed.