ORDER

This writ petition has been filed for direction directing the respondents 1 and 2 to recognize the petitioner as guardian of Mr.Ravikumar @ Ravichandran and also seeking permission to execute sale deed in respect of share of Mr.Ravikumar @ Ravichandran on his behalf.

2. R.Senthilkumar as a Guardian of the petitioner i.e., Mr.Ravikumar @ Ravichandran and the respondents 4 and 5 are his brother and sister. The said Mr.Ravikumar @ Ravichandran is a mentally retarded person. Their father Mr.Ramamoorthy Naidu has executed partition deed dated 25.11.1996 vide Document No.83 of 1997 and 'D' schedule property of the partition deed was allotted in favour of the Ravikumar @ Ravichandran. The other property is alloted in favour of the Senthilkumar and Vijaykumar. As per the partition deed, the 4th respondent was not alloted any share from the property owned by the Ramamoorthy Naidu except the 'D' Schedule property of the partition deed which was alloted in favour of the Ravikumar @ Ravichandran Senthilkumar and Vijayakumar were jointly sold out by an sale deed dated 10.09.2018 vide document No.5872 of 2018. Insofar as the share of the Ravikumar @ Ravichandran namely the 'D' schedule property of the partition deed, all the brothers and sister had entered into agreement for sale, registered vide document No.5872 of 2018 and executed in favour of the 5th respondent. The total sale consideration was fixed at Rs.21,50,000/- in which on the same date itself the sum of Rs.10,50,000/- each which was deposited in favour of the Senthilkumar and the 4th respondent Vijaykumar. The remaining sum of Rs.50,000/- has to be paid by the 5th respondent within a period of one year from the date of agreement for sale. However, even after completion of one year no sale deed has been executed in favour of the 6th respondent as agreed by the petitioner and 4th and 5th respondents. Though it is also to be noted that the 5th respondent was not alloted any share in the subject property while entering into agreement for sale on behalf of the mentally retarded Ravikumar @ Ravichandran by abandon caution the 5th respondent also added as party to the agreement and she also signed in the agreement for sale in favour of the 6th respondent. As per partition deed, in respect of the property which was allotted to Ravikumar @ Ravichandran, shall be maintained and he would be taken care of by his father M.Ramamoorthy Naidu till his lifetime and thereafter, the vested remainder was given to the brothers of the Ravikumar @ Ravichandran, after the death of Ravikumar @ Ravichandran, with an obligation to take care of the Ravikumar @ Ravichandran till his life time.

3. On perusal of the partition deed, revealed that the Ravikumar @

Ravichandran has to be maintained by two brothers namely Vijaykumar and Senthilkumar. After his life time, two brothers namely Vijayakumar and Senthilkumar can deal with the property as absolute owners. As per the agreement for sale dated 10.09.2018, all the parties are agreed to appoint any one of the brothers namely Senthilkumar or Vijaykumar to be appointed as Curator/Guardian of mentally retarded Ravikumar @ Ravichandran and he can execute sale deed in favour of the 6th respondent. Now, the 4th respondent filed a suit in O.S.No.51 of 2020 on the file of the III Additional District Munsif Court, Coimbatore for declaration declaring that the agreement for sale dated 10.09.2018 registered vide document No.5872 of 2018 as null and void and the same is pending for trial. The said suit has been filed by the mentally retarded Ravikumar @ Ravichandran represented by his curator the 4th respondent herein. Thereafter, the another brother Senthilkumar has filed this writ petition in the name of mentally retarded Ravikumar @ Ravichandran represented by him as guardian seeking direction to appoint him as Curator/Guardian to execute sale deed in favour of the 6th respondent as agreed by all the parties. After having been received 50% of substantial total sa