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2022 Supreme(Online)(KER) 5529

HIGH COURT OF KERALA
RATHEESH K.G. – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
ADVS.MANEESH NARAYANAN AVIJITH A.V PREJITHA S.SALIM SRI. K.R. RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY SRI. K.P. SUDHEER, AMICUS CURIAE SRI. P.S. APPU, GOVERNMENT PLEADER

JUDGMENT

The writ petition is filed seeking permission for the petitioner to operate the account of his wife, who it is alleged, is in a comatose stage. The other prayer is to declare the petitioner as the guardian for his wife's immovable properties. In view of the vexed question is involved, Adv. K.P. Sudheer was appointed as Amicus Curiae to assist the court. On the direction of this Court, the petitioner's wife was examined by a duly constituted Medical Board. The learned Amicus Curiae, after due scrutiny of the report of the Medical Board, submitted that the petitioner's wife cannot be considered as a person in comatose stage, since she is conscious and aware of her surroundings. However, she is severely disabled and requires assistance for all daily activities.

2. The learned Government Pleader has filed a statement appending two documents. The first document [Annexure R2(a)] is a Government Order dated 23.09.2020, issued in terms of Section 14 of the Rights of Persons with Disabilities Act, 2016 , designating the Sub Divisional Magistrates as the designated authority for granting limited guardianship to persons suffering from disablement. The second document [Annexure R2(b)]

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