ORDER

A desperate father seeks for his appointment as a Guardian of his son Mr.Prasana Kumar who is in a vegetative state and in a state of coma.

2. The petitioner's son Mr.Prasana Kumar, aged about 39 years is a patient diagnosed with Hypoxic ischemic encephalopathy and Quadriplegia and he is currently in a vegetative coma state for the past ten years ever since 2012 and is unable to carry out on his regular activities like a normal person.

3. Mr.Prasana Kumar was married to one Ms.R.Radha when he was in his normal self. Ms.R.Radha obtained a divorce decree against Mr.Prasana Kumar under Section 13(1)(iii) of Hindu Marriage Act, 1955 in HMOP No.59 of 2017 before the Sub Court, Mannargudi. Mr.Prasana Kumar is in a vegetative state for the past ten years. According to the petitioner, the monthly medical expenses to be incurred for Mr.Prasana Kumar is Rs.40,000/-. It is submitted by the petitioner that Prasana Kumar has been admitted in the hospital on several occasions and the hospital bills run to several lakh of rupees.

4. The petitioner, who is the father of Prasana Kumar is a retired Central Government employee having earlier worked in Mercantile Marine Department and after retirement, he is drawing a pension of Rs.22,000/-per month and it is not sufficient to take care of the medical needs of his son Prasana Kumar. It is also submitted by the learned counsel for the petitioner that the property Flat No.73, F4, located in the First Floor on the South Western Side of the Staircase with a built up area of 805 sq.ft and 459 sq.ft of undivided share and interest in the entire property of house site bearing Plot No.73, F4 situated in the 2nd Main Road, Kumaran Nagar, Chinmaya Nagar, Virugambakkm Chennai-600092 stands in the name of Mr.Prasana Kumar. According to the petitioner, Mr.Prasana Kumar while he was in his normal self had availed loan by mortgaging the said property. According to the petitioner, he only discharged the loan availed by his son Prasana Kumar.

5. To ascertain the veracity of the petitioner's statement in this writ petition about the medical condition of Mr.Prasana Kumar, this Court had directed by its order dated 01.03.2022 to the Dean, Madras Medical College and Rajiv Gandhi Government General Hospital, Chennai to inspect the residence of the petitioner as well as ascertain the condition of the petitioner's son Mr.Prasana Kumar within a period of four weeks from the date of the said order.

6. The Dean of Rajiv Gandhi Government Genal Hospital, Chennai-3 has complied with the said direction and submitted a Report on 05.04.2022 and in the medical examination report of Mr.Prasana Kumar, it has been stated as follows:

“ MrPrasannakumar 39 years/Male/S/o Thiru,sudarsanan Aadhaar No.3604 8313 0918 Identification Marks:

1.A black mole on the left little finger

2.A black mole above the umbilicus On clinical examination Patient ismalnourished and emaciated, on tracheostomy care and getting feeds through ryles tube Patient is awake, having spontaneous eye opening, not responding to simple oral commands, but responding to deep painful stimuli, both pupils equally reacting to light, dolls eye movement present, muscle tone is increased in all four limbs, with contractures present in both upper and lower limbs, deep tendon reflexes were present in all four limbs, bilateral plantar there was no response.

Startle myoclonic jerk noted.

Decubitus ulcer over the gluteal region Hypoxic ischemic encephalopathy-persistent vegetative state.”

7. As seen from the aforementioned report, it is clear that Mr.Prasana Kumar is in a vegetative state and his senses are not working properly. The photographs of the patient, Mr.Prasana Kumar, have also been filed along with the writ petition, which confirms his present medical condition. The petitioner has also filed the following documents along with the writ petition:-

1. Copy of Sale Deed dated 02.02.2006,standing in the name of Mr.Prasana Kumar

2. The marriage invitation of Mr.Prasana Kumar

3. Medica