O R D E R

This Civil Revision Petition has been filed by the petitioner to set aside the impugned order dated 19.06.2023 passed by the District Court, Tirunelveli in unnumbered G.W.O.P.S.R.No.1478 of 2023 and direct the lower Court to number the petition and take it on file and decide the same on merits.

2. According to the petitioner, the 1st schedule property was purchased by one Mr.Perumal Chettiyar on 03.12.1965 under the Sale Deed Document No.1644/1965 and the 2nd schedule property was purchased by one Mrs.Alameluammal on 29.03.1961 under the Sale Deed Document No. 2270/1961 and the 3rd schedule property was purchased by one Mr.Kandhasamy Chettiyar on 31.12.1956 under Sale Deed Document No. 6823/1956. Thereafter, a partition took place on 03.04.1963 between the family members of Mr.Kandhasamy Chettiyar and in the family partition, 3rd schedule property was allotted to Mr.Perumal Chettiyar.

3. It is submitted that the said Mr.Perumal Chettiyar and Mrs.Alameluammal are blessed with a daughter and three sons namely, Thirupathi (ward), Dhanalakshmi, Varadharajan and Saravanan. The said Mr.Perumal Chettiyar and Mrs.Alameluammal died on 13.06.2022 and 30.12.2009 respectively. One of three sons, namely, Varadharajan who is the father of the petitioner died on 06.05.2020 leaving behind his wife Santhanavalli, Renganathan, the petitioner and Saradha as legal heirs.

4. It is submitted that after demise of Mr.Perumal Chettiyar, his legal heirs inherited the property and they have 1/4th share each in the property. It is further submitted that the said Mr.Thirupathi is a mentally disorder person and he could not do his daily fundamental activities. The petitioner is taking care and having custody of the said Mr.Thirupathi. The petitioner has applied to appoint him as guardian of the said Thirupathi under Section 14 of the National Trust Act, 1999. The District Collector, Tirunelveli has appointed the petitioner as guardian of said Thirupathi on 14.09.2022.

5. It is further submitted that since the said Thirupathi is suffering from Mental Retardation and Mental Disabilities decease, he depends on with medicines and now, the petitioner wants to sell the said Thirupathi’s undivided 1/4th share in the schedule property as the petitioner is in need of Rs.2,000/- per day for treatment of the said Thirupathi. Therefore, the petitioner filed a petition under Section 29 of the Guardians and Wards Act, 1890 before the District Court, Tirunelveli for a permission to sell the property. The Court below vide impugned order dated 19.06.2023 returned the said petition as it is not maintainable, against which, the present Civil Revision Petition has been preferred.

6. The learned counsel appearing for the petitioner would submit that since there is no provision in ‘The Mental Health Care Act,2017’, ‘The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (in short ‘National Trust Act, 1999’) and ‘The Rights of Persons with Disabilities Act, 2016’ for grant of a permission to alienate the property of the mentally retarded person/ward, the petitioner filed the petition under Section 29 of the Guardians and Wards Act, 1890 for the said purpose. Section 29 of the Guardians and Wards Act, 1980 contemplates as follows:-

29 Limitation of powers of guardian of property appointed or declared by the Court. —Where a person other than a Collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the Court to be guardian of the property of a ward, he shall not, without the previous permission of the Court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of his ward, or (b) lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.

7. The further contention of the learned counsel for the