Madras High Court

T.S.Seethalakshmi vs The District Collector on 27 June, 2025

Author: N.Anand Venkatesh

Bench: N. Anand Venkatesh

                                                              1/11                     WP No. 18994 of 2025




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 27-06-2025

                                                         CORAM

                         THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

                                               WP No. 18994 of 2025



                1.T.S.Seethalakshmi

                2.Vignanam

                3.Renuka

                4.Rajesh Kumar

                5.Dinesh

                                                                                             Petitioner(s)

                                                              Vs

                1. The District Collector
                District Collector Office,
                Coimbatore District

                2.The Tahsildar
                Thelugupalayam,
                Coimbatore South,
                Coimbatore District

                3.The District Social Welfare Officer
                Social Welfare Department,
                Coimbatore,


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                                                                  2/11                     WP No. 18994 of 2025




                4.The Branch Manager
                Bank Of India,
                Perur Branch,
                Coimbatore District.

                5.The Dean,
                Coimbatore Government Medical
                College and Hospital,
                Coimbatore.

                                                                                              Respondent(s)

                (R5 Suo Motu Impleaded Vide Order Dated 23.05.2025 made in
                WP.No.18994/2025)




                PRAYER Writ Petition filed under Article 226 of the Constitution of India for

                issuance of a Writ of Declaration, declaring the 1st and 4th petitioners being

                the wife and brother of the Mr. Vinoth Kumar in comatose state as 'Guardian'

                for operating his bank account and to deal with his properties.


                                  For Petitioner(s):       Mr. S. Sureshkumar

                                  For Respondent(s):       Mr.E.Sundaram
                                                           Government Advocate
                                                           for R1, R2, R3 and R5




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                                                                 3/11                     WP No. 18994 of 2025




                                                            ORDER

This writ petition has been filed for appointment of the 1st and 4th

petitioners as guardian of one Vinoth Kumar who is said to be in a comotose

state in order to enable them to operate the bank account and to deal with the

properties.

2.When this writ petition came up for hearing on 23.05.2025, this Court

passed the following order:

The Dean, Coimbatore Government Medical College and

Hospital, Coimbatore, is suo motu impleaded as respondent No.5.

2. Registry is directed to carry out necessary amendment in

the cause-title.

3. The case of the petitioners is that one Vinoth Kumar, who

happens to be the husband of the first petitioner, has been in a

comatose condition. Since there is no provision of law under which

a guardian can be appointed for a comatose patient, the

petitioners have moved the present writ petition.

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4. A Division Bench of this Court has directed that, for

appointment of guardian for a comatose patient, a writ petition is

maintainable – See, (2024) 3 CTC 639. However, they have

directed that, before a conclusion is arrived at by the Court,

reports must be received from (i) the jurisdictional Tahsildar as to

who is taking care of the comatose patient; and (ii) the Medical

Board of the local area as regards the medical condition of the

comatose patient.

5. Accordingly, the newly impleaded respondent No.5, for

whom Mrs.Sneha takes notice, shall form a Medical Board to

inspect Mr.Vinoth Kumar, who is residing at No.5, Karpagam

Garden, Thelugupalayam, Coimbatore South, Coimbatore-641 039

and shall submit a report to this Court by 10.06.2025. In the mean

time, the Tahsildar, Thelugupalayam, shall conduct a local enquiry

and shall also submit a report to this Court as to who is taking

care of the comatose patient.

Call on 10.6.2025.

3.When the writ petition was taken up for hearing today, the report of the

Medical Board was placed before this Court and the findings of the Medical

Board is extracted hereunder:

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Awake Not Obeying Not responding to commands Spastic Quadriparesis

4.It is quite evident from the above report that the 1st petitioner's husband

viz., Vinoth Kumar is virtually in vegetative state and hence, this Court is

inclined to consider the request made by the petitioners. It is also brought to the

notice of this Court that the 2nd petitioner who is the father of the said Vinoth

Kumar died during the pendency of this writ petition.

5.This Court had an occasion to deal with a similar issue in

W.P.No.20544 of 2025 and disposed of the writ petition by issuing necessary

directions on 11.06.2025 and the relevant portions are extracted hereunder:

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

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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 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

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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.

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)."

6.In the considered view of this Court, the said Vinoth Kumar is not in a

position to take care of himself and he is virtually in vegetative state. Therefore,

guardian will have to be necessarily appointed to deal with the bank account

and also to deal with the properties in order to spend for the medical

expenditure and the family expenditure.

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7.In the light of the above discussion, this writ petition is disposed of in

the following terms:

a)The 1st petitioner who is the wife and the 4th petitioner who is the

brother are appointed as the guardian of Vinoth Kumar.

b)The 1st and 4th petitioners are permitted to operate the bank account of

the said Vinoth Kumar.

c)The 1st and 4th petitioners are permitted to deal with the immovable

properties in order to meet the medical expenses and also the family expenses of

the family.

d)The 1st and 4th petitioners are directed to submit the account to the

Registrar General, High Court of Madras once in three months reflecting the

receipts and payment and the same shall be made part of the case file and

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e)If the 1st and 4th petitioners require any further directions to be issued

in future, it is left open to them to approach this Court and seek for clarification.

No Costs.

27-06-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr

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1. The District Collector District Collector Office, Coimbatore District

2.The Tahsildar Thelugupalayam, Coimbatore South, Coimbatore District

3.The District Social Welfare Officer Social Welfare Department, Coimbatore,

4.The Branch Manager Bank Of India, Perur Branch, Coimbatore District.

5.The Dean, Coimbatore Government Medical College and Hospital, Coimbatore.

6.The Registrar General, High Court of Madras.

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N.ANAND VENKATESH J.