IMPORTANT POINT
The Court can appoint a guardian for an individual in a comatose state under Article 226 of the Constitution, acting as parens patriae to protect the individual's interests.

JUDGMENT :

Aniruddha P. Mayee, J.

1. Rule. Rule returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of rule for the respondents.

2. The present Special Civil Application has been filed praying for the following reliefs:-

“9(A) YOUR LORDSHIP may be pleased to admit and allowed this petition.

(B) YOUR LORDSHIP may be pleased to issue writ, order or direction to hold and declare the petitioner no.1 Bhikhiben Hareshbhai Chaudhary (Valaganth) as a guardian of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) and further be pleased to hold and declare that the petitioner no.1 is manager of all three properties mentioned in paragraph no.5 of the petition belonging to Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth).

(C) Pending the issuance of notice, admission and final hearing of the present petition be pleased to direct the concerned respondent or any other sub ordinate officer to submit factual medical report before this Hon'ble Court in connection with the health condition of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) within stipulated time as may be decided by this Hon'ble Court.”

3. The brief facts of the petitioners case is that, Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) is not in a good health since he has suffered Brain Hemorrhage and has undergone treatment, but he is still in comatose stage. Due to the said condition, he is not able to understand any language and requires constant aid and supervision as well as active medical monitoring. It is submitted that the petitioners who are the family members of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) are facing difficulties in managing the financial affairs. It is submitted that the petitioner No.1 is a wife of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) and petitioner Nos.2 to 4 are their three children. The petitioner No.4 being a minor, is represented by the petitioner No.1, who is his mother. It is further submitted that the petitioners are residing together at the address as mentioned in the cause title of the writ petition.

4. That the petitioners submit that said Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) has jointly purchased immovable properties in his name which includes,

(1) Survey Number: 1525 (old Survey No.317/1) admeasuring Hector 0-29-48 Sq. Mts. situated in sim of village Vedancha’

(2) Survey No.1527 admeasuring hector 0-40-61 and Survey No.1529 paiki admeasuring Hector 0-79-93 situated in the sim of village Vedancha; and

(3) Survey No.1591 admeasuring 0-29-63 Sq. Mts. situated in Palanpur Kasba.

The petitioners have to sale out the aforementioned properties to maintain the family as well as to incur medical expenses of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth). It is submitted that other partners in the said properties do not have any objection in selling the said properties. In addition, said Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) is having other joint family properties like agricultural lands, shops, etc. which shall be managed and operated in the best interest of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth).

5. That this Court had called for the medical report vide order dated 28.8.2024. By affidavit-in-reply dated 23.9.2024, the Collector, Banaskantha has submitted the report of the Chief District Medical Officer, which reads as under:-

“He is Aphasic and irritable, not following verbal commands. He is not in position to take his food himself. He is on Ryle’s tube feeding. He has hemiplegic in right extremities with deformities. He is having spontaneous movements in left extremities. He is chronic bed ridden and unable to carryout daily activities by himself. He needs personal care and physiotherapy regularly.”

6. It is, therefore, submitted that the petitioner No.1 Bhikhiben Hareshbhai Meghrajbhai Chaudhary (Valaganth) be appointed as a Guardian of Shri Hareshbhai Meghrajbhai Chaudhary (Valaganth) and further to hold and declare that the petitioner No.1 is the Manager of all the three properties