The High Court may exercise its parens patriae jurisdiction under Article 226 to appoint a legal guardian for a comatose person to manage their assets for medical expenses, in the absence of specific statutory provisions, provided that the guardian's actions are monitored and directed toward the patient's best interests.

ORDER :

Venkateswarlu Nimmagadda, J.

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction particularly one in the nature of a writ of Mandamus, invoking the parens patriae jurisdiction of this Hon'ble Court, appoint petitioner No.3 as the legal guardian of my father, Sri Singavaram Subhan Singh, who is presently in a vegetative/comatose state, for the limited purpose of operating and withdrawing amounts from his Axis Bank Account bearing No. 913010036494989, for meeting his medical expenses, and to pass such other order or orders.”

2. Heard learned counsel for the petitioners and learned Government Pleader the respondents.

3. Learned counsel for the petitioners submits that the husband of petitioner No.1 and father of petitioner Nos.2 and 3 i.e., Mr.Singavaram Subhan Singh is aged about 65 years, is diagnosed with CVA-left CG Hematoma, Status Post Left FTP Decompressive Craniectomy and underwent a surgery at Care Hospital HI-Tech city. After completion of surgery his medical condition has not improved and he continued to remain in vegetative state, requiring tracheostomy tube for breathing and Ryle tube for feeding. For medical treatment as was done till date and for further continuation of medical treatment, since he has been in vegetative state, requires so much of funds. Further, Mr.Singavaram Subhan Singh, who is in vegetative state, vested with movable and immovable properties stands in his name and there is credit/deposit amount of Rs.14,38,015/- in his bank account, which is lying with respondent No.2. He further submits that to meet all medical expenses and day to day expenses is become so difficult for the petitioners without touching the funds lying at bank account of their father. Therefore, to withdraw the funds from his account, among the petitioners one of them has to be declared as guardian to operate the bank account lying with the respondent No.2 and to deal with the properties of Mr.Singavaram Subhan Singh. He further submits that there is no other known procedure can be adopted except invoking the extraordinary jurisdiction under Article 226 of the Constitution of India. Admittedly there is no other procedure either under the civil law remedies or under any special law remedies were provided under any enactment. For which, learned counsel for the petitioner relied upon the judgment rendered by the High Court of Delhi in Professor Alka Acharya vs. Government of NCT of Delhi and Ors., W.P.(C) 16793 of 2025 dated 31.12.2025

4. Learned counsel for the petitioners further submits that in view of the judgment rendered by the High Court of Delhi as stated supra, among the petitioners herein, either one of them is entitled to be declared as guardian of Mr.Singavaram Subhan Singh, who is in vegetative state.

5. On the other hand, learned Government Pleader for Medical and Health submits that the present Writ Petition is not maintainable under extraordinary jurisdiction of this Court, since the petitioners are seeking for appointment of guardianship regarding another individual who is none other than the husband of petitioner No.1 and father of petitioner Nos.2 and 3. The claim of the petitioners herein is purely civil in nature as such they are entitled to initiate appropriate proceedings before the civil Court. In view of the same, the present Writ Petition is liable to be dismissed.

6. Heard both the learned counsel and perused the material placed on record. It seems that the petitioners herein have invoked ‘parens patriae’ jurisdiction of this Court for