ORDER :

1. Heard learned counsel for the petitioner, Learned Government Pleader for Stamps and Registration and G.P. for Revenue.

THE PRAYER SOUGHT FOR BY THE PETITIONER IS AS FOLLOWS:

2. This writ petition is filed to issue an order, direction or a writ particularly in the nature of Writ of Mandamus thereby appointing the petitioner Smt Prabhat Vinnakota as guardian of the property of her husband Sri Ramakrishna Vinnakota, in respect of Flat No. 805, at 8th floor, in Block A&B, admeasuring 1171 sft with common area of 259 sft with total undivided share of land admeasuring 57 sq. yards, with one car parking slot, in project named as APARNA CYBERZON, situated at Nallagandla Village, Serilingampally Mandal, RR District to the extent of his half share and for other lawful purposes in the interest of justice and consequently, direct the 3rd respondent to accept and register sale deed presented by the petitioner on behalf of herself and as guardian of half of the share of her husband in respect of Flat No. 805, at 8th floor, in Block A&B, admeasuring 1171 sft with common area of 259 sft with total undivided share of land admeasuring 57 sq. yards, with one car parking slot, in project named as APARNA CYBERZON, situated at Nallagandla Village, Serilingampally Mandal, RR District (hereinafter called as ‘subject property’) in favour of the third party/parties.

3. The case of the petitioner, in brief, is as follows:

(a) The petitioner and her husband jointly purchased an apartment bearing Flat No. 805, at 8th floor, in Block A&B, admeasuring 1171 sft with common area of 259 sft with total undivided share of land admeasuring 57 sq. yards, with one car parking slot, in project named as APARNA CYBERZON, situated at Nallagandla Village, Serilingampally Mandal, RR District under a registered sale deed vide document No. 1354/2015.

(b) During Covid-19 second wave, the husband of the petitioner fell sick and is in the state of comatose (i.e. referred to as Coma) and still to this date, husband of the petitioner is in the same state showing no signs of improvement.

(c) Petitioner, has the responsibility to take care of her husband and also, has a school going son. In order to meet the medical expenses of the petitioners husband and the daily needs of the petitioner and the son, the petitioner is intending to sell the flat (i.e. Flat No. 805, at 8th floor, in Block A&B, admeasuring 1171 sft with common area of 259 sft situated at Nallagandla Village, Serilingampally Mandal, RR District). In India, as on today, there is no provision get the petitioner appointed as guardian of the property of the person who is in coma.

(d) Petitioner, prays this court to act as parens patriae and further prays for appointment of petitioner as the guardian of the petitioner’s husband who is in a vegetative/comatose state.

PERUSED THE RECORD

4. The learned counsel for the petitioner submits that he is not insisting for second line of the Main prayer for the present writ petition which is the identical prayer as sought for as interim relief which is extracted below:

“The Hon’ble Court may be pleased to direct the 3rd respondent to accept and register sale deed presented by the petitioner on behalf of herself as guardian of the half of the share of her husband in respect of Flat No. 805, at 8th floor, in Block A&B, admeasuring 1171 sft with common area of 259 sft with total undivided share of land admeasuring 57 sq. yards, with one car parking slot, in project named as APARNA CYBERZON, situated at Nallagandla Village, Serilingampally Mandal, RR District in favour of third party/parties.”

5. In so far as the main prayer of the petitioner is concerned (extracted above) this Court opines that the same has to be granted in view of the fact as borne on record that in identical circumstances a division bench of Kerala High Court vide its judgment dated 20.02.2019/1ST PHALGUNA, 1940 W.P. (C) No. 37062 of 2018 at Para 35 observed as under:

“35. Coming to the incidental aspects; since no sp