ORAL ORDER

1. Rule, returnable forthwith. Mr. Meet Thakkar, learned AGP waives service of rule for the respondents.

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

“(a) The Hon’ble Court may be pleased to issue the writ of certiorari or any appropriate writ, order or direction in the nature of certiorari by holding and declaring the petitioner namely Mukeshkumar Jashwantbhai Dabgar as natural guardian of his son namely Vijaybhai Mukeshbhai Dabgar and further be pleased to declare the petitioner as Ward/Manager of the movable and immovable properties belonging to his son namely Vijaybhai Mukeshkumar Dabgar;

(b) Grant such other and further relief/s as may be deemed fit and proper in the interest of justice.”

3. The brief facts of the petitioner’s case are that the petitioner married to one Dakshaben Parmar and out of the said wedlock, the petitioner is having two sons viz. Vijaybhai, Jayeshbhai and one daughter viz. Bijalben. The wife of the petitioner passed away on 01.02.2023. It is the case of the petitioner that after the death of his father-in-law viz. Gunjwantrai Mohanlal Parmar, the properties belonging to him were distributed amongst his six children including the wife of the petitioner.

4. The petitioner submits that the properties being city survey No.5185 bearing registration No.16659, city survey No.3199 bearing registration No.16660 and city survey No.4661 bearing registration No.17063 at Botad came to the share of his wife Dakshaben, which came to be transferred amongst his children after the death her wife. It is the case of the petitioner that his son viz. Vijaybhai, who is having 6/3 share in the properties, is mentally ill and suffering from cerebral palsy quadriplegic. He is unable to take any decision and he is also unable to administer his properties. After the death of his wife, the petitioner is looking after his children and therefore, he is seeking his appointment as ward/manager to administer the properties of his son viz. Vijaybhai.

5. That this Court, vide order dated 16.12.2024, issued notice and the respondent No.2 Collector, Botad was directed to submit the medical report with respect to the condition of the son of the petitioner viz. Vijaybhai Mukeshbhai Dabgar. Today, the learned AGP has submitted the medical certificate of the son of the petitioner issued by the Superintendent, General Hospital, Botad, in which, it is stated as under :-

“This is certified that Vijaybhai Mukeshbhai Dubdhar age 37 yr Male suffering from Cerebral Palsy and Mental Retarded since birth. Locomoter Disability assessed by Orthopedic Surgeon, Sir T Hospital Bhavnagar. According to that Assessment 81%

Disability Score.

As per Psychological Assessment by Psychiatrist in Sir T Hospital Bhavnagar Assessed I. Q. of pt 55 -69 %

50% Mild Intellectual Disability.”

6. It is, therefore, submitted that the petitioner Mukeshkumar Jashwantbhai Dabgar be appointed as a Guardian of his son Vijaybhai Mukeshbhai Dabgar and further to hold and declare that the petitioner is the Manager of the properties of his son.

7. Heard learned advocate for the petitioner and perused the documents on record.

8. From the medical certificate, it is clear that Vijaybhai Mukeshbhai Dabgar is suffering from cerebral palsy quadriplegic and mentally retarded since his birth.

9. That there are various Acts dealing with the appointment of Guardian for the respective purposes. So far as the persons who are in comatose is concerned, there is no legislative enactment providing for appointment of Guardian and the Court under Article 226 of the Constitution of India exercises the jurisdiction akin to parens patriae. The Court has to step in such cases. Various High Courts have dealt with this issue and have held that the Court in its extraordinary jurisdiction under Article 226 of the Constitution of India may act as a parens patriae and can pass orders by issuing necessary directions sub-serving the ends of justice. Even this Court i