IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 20^TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946 WP(C) NO. 30168 OF 2015 PETITIONERS:

1 BIJU, AGED 40 YEARS, S/O.RAMACHANDRAN PILLAI, KONGINISSERI THEKKATHIL, SAKTHIKULANGARA, KOLLAM.

2 BINU S/O.RAMACHANDRAN PILLAI, KONGINISSERI THEKKATHIL, SAKTHIKULANGARA, KOLLAM.

BY ADVS.

SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE.

RESPONDENTS:

1 THE NATIONAL TRUST, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, 16 B, BADA BAZAR ROAD, OLD RAJINDER NAGAR, NEW DELHI – 110 060, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

2 THE LOCAL LEVEL COMMITTEE OF NATIONAL TRUST, KOLLAM DISTRICT, COLLECTORATE, KOLLAM, REPRESENTED BY ITS CHARMAN, DISTRICT COLLECTOR, KOLLAM – 691 001.

3 R. VENUGOPALAN NAIR, CONVENER, LOCAL LEVEL COMMITTEE OF NATIONAL TRUST, "ASHRAYA", PULLIYIL, KILIKOLLUR P.O, KOLLAM – 691 004.

BY ADVS.

SMT.MINI R.MENON, ADDL.CGSC SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT This writ petition has been filed challenging Ext.P9 order issued by the District Collector, Kollam as the Chairman of the Local Level Committee constituted under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (hereinafter referred to as ‘the 1999 Act’) for the Kollam District. The brief facts of the case are as follows:-

The petitioners are younger brothers of Ms.Chandralekha, who is a mentally retarded person, stated to be living under their care and protection. It is stated that she has 70% severe disability due to mental retardation. Ext.P1 is a disability certificate issued by the Medical Board, District Hospital, Kollam. Petitioners, their father late K.Ramachandran Pillai and their sister, the aforesaid Chandralekha succeeded to an item of property through the mother of the petitioners and the aforesaid Chandralekha, who died intestate on 26.05.2004. That property was sold to third parties through Ext.P4 series of documents. Petitioners’ late father K.Ramachandran Pillai had filed an application before the Local Level Committee constituted under the 1999 Act for Kollam District (the Local Level Committee) for appointing him as guardian of the aforesaid Chandralekha to enable him to execute documents in her name. It appears that late K.Ramachandran Pillai was allowed to execute documents on behalf of the aforesaid Chandralekha on condition that the amount equivalent to her right in the property that has been sold shall be deposited for the benefit of Chandralekha in a nationalized bank. Thereafter, late K.Ramachandran Pillai failed to deposit the amount of Rs.85,765/- in the name of the aforesaid Chandralekha as directed by the Local Level Committee. After the passing of late K.Ramachandran Pillai on 27.12.2011, certain orders were passed appointing him as the guardian (Ext.P5). Thereafter, by Ext.P6 notice, the petitioners were called upon to attend a hearing before the Local Level Committee on the premise that the earlier directions of the Local Level Committee regarding deposit of amounts from the sale of the rights in property devolved upon the aforesaid Chandralekha through her mother had not been deposited in her name. By Ext.P7 communication dated 06.08.2015, the petitioners were informed that they had agreed to deposit a total sum of Rs.1.6 lakhs (including interest on the amount of Rs.85,765/- which had been directed to be deposited earlier) and informing them that since the deposit had not been made, further steps will be taken under the provisions of the 1999 Act. Though Ext.P8 objection was filed also requesting that the petitioners be appointed as the guardians of the aforesaid Chandralekha, Ext.P9 order has been passed finding that the rights of the person with disabilities (the aforesaid Chandralekha) has been infringed and again directing the petitioners to deposit the a