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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
V.MUHAMMED ALI (MENTALLY ILL PERSON), REPRESENTED BY M.C. NASARUDHEEN – Appellant
Versus
THE STATE OF KERALA REPRESENTED BY ITS SECRETARY SOCIAL JUSTICE DEPARTMENT – Respondent
| Table of Content |
|---|
| 1. dismissal of guardianship application on invalid grounds. (Para 2 , 3) |
| 2. petitioner's readiness to affirm no pending litigation. (Para 4 , 6) |
| 3. direct fresh consideration without merits adjudication. (Para 7 , 8 , 9) |
JUDGMENT
The brother-in-law of a mentally ill person has approached this Court with a grievance that Ext.P4 application filed before the 2ndrespondent to grant limited guardianship to him to dispose of the property of the mentally ill person was dismissed by the 2ndrespondent by Ext.P5 order based on incorrect and irrelevant considerations. Respondents 3 to 5 are the other siblings of the mentally ill person.
2. According to the petitioner, his brother-in-law Muhammed Ali is suffering from Schizophrenia; that Ext.P1 certificate was issued from the Government District Hospital, Kannur, certifying his mental illness. The mentally ill person was admitted to the 6th respondent center for care and control. The expenses relating to him comes to ₹18,000/- per month and an amount of ₹15,24,534/- was due to the 6th respondent as on 30.11.2011 Ext.P4 application was filed before the Sub Divisional Magistrate to appoint the brother-in-law of the mentally ill pers
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