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2022 Supreme(Online)(MAD) 15500

HIGH COURT OF MADRAS
G.R.SWAMINATHAN, J
Babu.G – Appellant
Versus
The District Collector – Respondent


ORDER

The issue posed for consideration is whether under Section 14 of National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (Central Act 44 of 1999), the petitioner can be appointed as legal guardian for his schizophrenic sister. 2.The petitioner's sister Ms.G.P suffers from “chronic schizophrenia”. Her disability has been assessed at 60% in IDEAS Scale. The Regional Medical Board, Government Rajaji Hospital, Madurai – 20 has certified that she cannot earn livelihood on her own and that she is dependant upon her family members to look after her day to day activities. The District Differently Abled Welfare Officer, Madurai has also issued certificate on the same lines. The jurisdictional Tahsildar has certified that Ms.G.P is a spinster and that she is mentally ill and that she is under the care of her brother Babu (petitioner herein). Armed with these materials, the petitioner approached the respondents for appointing him as her legal guardian. The petitioner's request was rejected on the sole ground that under the Central Act 44 of

1999, there is no provision for appointing legal guardian for a person with mental

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