ORDER

The petitioner has filed the Writ Petition seeking issuance of a Writ of Declaration to declare the first petitioner Smt.S.Sivagamasundari as the guardian of her husband Shri.K.Sivasamy, who is in a comatose condition, presently in a vegetative state of mind to protect his interest, administer bank accounts, investments, etc., and in the event of necessity, to sell the immovable property standing in the name of her husband and to use the proceeds towards medical treatment of her husband and family welfare expenses.

2.The learned counsel appearing for the petitioner would submit that the the first petitioner K.Sivagamasundari, who is the wife of K.Sivasamy, who is in a comatose condition. The first petitioner and her husband had two children I.e., one son K.S.Akshaykumar and one daughter K.S.Shrinidhi residing at D2 Agaram Nest, KK Avenu, Madurai Bye Pass Road, Andankovil East, Karur-639 002, who are the petitioners Nos.3 and 4 and the second petitioner is the mother of K.Sivasamy. On 09.04.2022 at about 05.00 p.m., the said Sivasamy slipped and fell in the living room of his residence and sustained injuries to his head. He was immediately taken to Amaravathi Hospital, Karur and thereafter to Kovai Medical Centre and Hospital (KMCH), Coimbatore for Neuro Surgery to stop the internal bleeding in his brain. After the surgery, he was in the ICU in comatose condition and after few days he was shifted to step down ICU and thereafter, he was shifted to the ward.

3. He would further submit that the CT scan (Trauma Brain and Cervical Brain) report of Mr.K.Sivasamy dated 10.04.2022 issued by the Department of Radiology and imaging of the Kovai Medical Centre and Hospital (KMCH) reveals that he sustained right FTP EDH with mass effect, Diffuse cerebral edema and minimally displaced linear fracture involving right greater wing of sphenoid. Further on 10.05.2022 he was discharged from the hospital in comatose condition with instructions from the doctors to follow the prescribed medication and give physiotherapy. The said Sivasamy was actively running his business and personally handling his finances till the date of hospitalisation. He was the sole bread winner of his family. The expenses of his medical treatment has been met by family savings and taking loans from relatives. The first petitioner is now responsible for his day-to-day medical expenses and nursing care and he has to be taken to hospital for his periodic review. Apart from this, the first petitioner is also responsible for the education of petitioners 3 & 4 and also responsible for the livelihood of the second petitioner, who is the mother of Shri.Sivasamy and the daily household expenses. The first petitioner is also responsible to repay the loans/pay the interest for loans obtained by Sivasamy. Since the bank accounts and properties are in the name of Sivasamy and the petitioners are not in a position to operate the same. The following are loans in the name of Sivasamy to which the petitioners are currently responsible to pay interest/repay:-

(I) Jewel Loan of Rs.5,45,000/- at Karur Vysya Bank, Vengamedu Branch, Karur (A/C.No.1631953000023031)

(ii)Housing Loan of Rs.53,43,901.90 at Karur Vysya Bank, Vengamedu Branch, Karur (A/C No.1631753000000376)

(iii) Around Rs.2,54,50,000/- loan from private persons.

4. The petitioners have no other alternative efficacious remedy except to approach this Court seeking for issuance of order of declaration to declare the first petitioner Smt.S.Sivagamasundari as the guardian of her husband K.Sivasamy, who is in a comatose condition, presently in a vegetative state of mind.

5. In a similar case, in Sailaja -vs- The State of Tamil Nadu and others reported in 2016 SCC Online Mad 5171 this Court has held as follows:-

“6. In view of the above, there appears to be no dispute of facts. The petitioner's husband is in coma. Neither under the Mental Health Act nor under the Guardian and Wards Act, 1890, there is any provision for appointment of a gu