1. This Original Petition is filed under Sections 3, 7 to 10 and 29 of Guardians and Wards Act, 1890 read with Order XXI Rules 2 and 3 of Original Side Rules praying to appoint the petitioner as the guardian of the person and property of Miss. G.Prabhavathy, mentally retarded person and pass such further or other orders as may be deemed fit and proper in the circumstances of the case.

2. Heard Mr. S.Yeganarayanan, learned counsel appearing for the petitioner, Ms. Narmadha Sampath, learned advocate appointed as Amicus Curiae by this Court.

3. This Original Petition has been filed by Thiru G.Nityanandam, the brother of Miss. G.Prabhavathy, said to be a mentally retarded person to appoint him as guardian of the person and property under the provisions of the Guardians and Wards Act, 1890 read with Original Side Rules.

4. The first respondent Tmt. D.Saritha, is the sister and the second respondent Shri G.Jeevanandam, is the brother of the alleged mentally retarded person. The reason for making the present petition is that the alleged mentally retarded person Miss. G.Prabhavathy, is incapable of managing herself and her properties. Based on the disability certificate issued by Stat