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2026 Supreme(Online)(Ker) 17178

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SAROJINI.T – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 42828 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.HEMALATHA, SRI.BINU GEORGE
For the Respondents: GOVERNMENT PLEADER, SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SMT.V.T.LITHA, SMT.K.R.MONISHA, SMT.JINCY C.J., SHRI.K.R.RANJITH

The court directed timely consideration of legal guardian appointment requests, ensuring due process and fairness in light of ongoing property disputes.

Headnote:The petitioner filed a writ petition seeking direction for the 2nd respondent to consider a representation for appointing her as a legal guardian per the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. The court found that the representation was pending since 03.01.2024 and directed its consideration in accordance with law. The main issues revolved around the petitioner’s alleged illegal actions regarding property affecting the person in need of care. The court emphasized the need for fairness in processing her representation while allowing objections from interested parties.

Table of Content
1. petition for legal guardianship. (Para 1 , 2)
2. dispute over property ownership and illegal transfer. (Para 4)
3. directive for timely review of representation. (Para 5)

C.S.DIAS, J.

---------------------------------------------

WP(C) No. 42828 of 2025 -----------------------------------------------

Dated this the 11th day of March, 2026 ORDER The writ petition is filed to direct the 2nd respondent to consider Ext.P1 representation submitted by the petitioner to appoint her as the legal guardian of her sister named Yashodha T. (person in-need of care) as per the provisions of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act , 1999.

2. The petitioner states that, though Ext.P1 representation was submitted on 03.01.2024, no action has been taken on the same. The inaction on the part of the 2nd respondent is arbitrary. Hence, the writ petition.

3. The 2nd respondent has filed a statement, inter-

alia, contending that there is a dispute between the petitioner and her siblings regarding a property that is co- owned by the parties including the person in need of care.

The person in need of care owns 25 cents of land. The committee has cancelled the land transaction conducted by the petitioner in respect of the property of the person in need of care on the specific finding that the transaction was illegal and against the interest of the person in need of care. The 2nd respondent would proceed to consider the representation submitted by the petitioner.

4. The respondents 4 and 5 have filed a counter affidavit, inter-alia, contending that the petitioner had illegally transferred 75 cents of land belonging to the person in-need of care by settlement deed No.2315/2012 of the Sub Registrar Office, Peringome. Subsequently, the 2nd respondent had cancelled the illegal transfer by Ext.P2 order, which has attained finality. Ext.P1 representation is filed without any bonafides. The same is not in the proper form. The petitioner has not furnished the names and details of her siblings. The petitioner’s intention is to obtain an order behind the back of the persons who are interested in the welfare of the person in-need of care.

Therefore, the writ petition may be dismissed.

5. I have heard the learned Counsel for the petitioner, the learned Government Pleader and the learned Counsel for the respondents 4 and 5.

On a consideration of the facts and materials on record, especially since Ext.P1 representation is pending consideration before the 2nd respondent since 03.01.2024, without expressing anything on the merits of the matter, I dispose of this writ petition by directing the 2nd respondent to consider and dispose Ext.P1 representation in accordance with law, and as expeditiously as possible, after affording both the petitioner and the respondent 4 and 5 an opportunity of being heard. The parties would be at liberty to file their objections and produce additional materials before the 2nd respondent.

SD/-

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