O.P.No.454 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No. 454 of 2023

1. R.Premavathi

2. G.Gowri Sankari

… Petitioners

Original Petition is filed under Clause XVII of Letters Patent Act,

1865 (Mental Ill) to appoint the first petitioner as the legal guardian of the

mental ill person and manager of the mental ill person and to grant an order

to the first petitioner to sell the property for the medical expenses of the

Mental Ill patient Mr.Veerarahagavan.

For Petitioners : Dr.E.Gomathi

ORDER

This Original Petition has been filed to appoint the first petitioner as

the legal guardian and manager of the mental ill person and to grant an order

to the first petitioner to sell the property for the medical expenses of the

Mental Ill patient Mr.Veerarahagavan.

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O.P.No.454 of 2023

2. The petition mentioned properties belonged to the first petitioner

and her husband R.Raman by virtue of two sale deeds dated 16.07.1987 and

09.09.2002. The first petitioner's husband R.Raman died intestate on

10.07.2019 by leaving behind the first petitioner and his sons by name

R.Sathyanarayanan and R.Veeraraghavan as his legal heirs. The first

petitioner is the mother and the second petitioner is the wife of said

R.Veeraraghavan. R.Veeraraghavan is said to be in Coma stage due to

Haemorrhagic stroke suffered by him. Since the first petitioner and the

second petitioner are having financial necessity to sell the property in order

to take tackle the medical emergency concerning R.Veeraraghavan, this

petition has been filed seeking permission to appoint the first petitioner as

the legal guardian and manager of mental ill person R.Veeraraghavan and to

permit the first petitioner to sell the property for meeting the medical

expenses of R.Veeraraghavan.

3. The first petitioner examined herself as P.W.1 and marked Exs.P1

to P15.

4. The death certificate of R.Raman is marked as Ex.P7. From the

legal heirship certificate of R.Raman which is marked as Ex.P12, it is seen

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O.P.No.454 of 2023

that the first petitioner and his two sons R.Sathyanarayanan and

R.Veeraraghavan are his legal heirs. The other son R.Sathyanarayanan ihad

given Power of Attorney in favour of his mother which is marked as

Ex.P14. It is seen from Ex.P9-Medical reports that R.Veeraraghavan had

suffered from Hemorrhagic Stroke. From Ex.P11 Doctor's letter, it is seen

that R.Veeraraghavan is not in a state of mind to take any informed

decisions and he is in the stage of 'Comatose' and bed ridden.

5. The first petitioner had entered into a sale agreement with the third

party and a copy of the sale agreement is marked as Ex.P15. Paper

publication effected in one issue of Tamil daily “Makkal Kural” on

13.08.2023 and in one issue of English daily “Trinity Mirror” on 11.08.2023

did not attract any objectors.

6. It is seen that R.Veeraraghavan, as one of the sons of the deceased

father R.Raman is entitled to inherit 1/3 share in the undivided half share of

his father. One of the sons by name Sathyanarayanan had given power of

attorney in respect of his share in favour of his mother, the first petitioner

herein. The petitioners who are the mother and wife of R.Veeraraghavan, do

not have any other source for money to meet out the medical expenses of

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O.P.No.454 of 2023

R.Veeraraghavan. Hence, they have filed this petition seeking permission to

appoint the first petitioner as the legal guardian of R.Veeraraghavan and to

sell the petition mentioned property which is inclusive of 1/6^th share of

R.Veeraraghavan. The second petitioner who is the wife of

R.Veeraraghavan had given consent in favour of the first petitioner to be

appointed as the guardian of R.Veeraraghavan.

7. Since th