W.P.No.4370 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

W.P.No.4370 of 2022

Sudarsanam

... Petitioner

Vs

1. The State of Tamil Nadu,

represented by its Secretary,

Department of Health and Family Welfare,

Secretariat, Fort St.George,

Chennai-600 001.

2. The District Collector,

Singaravelan Maligai,

62, Rajaji Salai, 4^th Floor,

Chennai – 600 001.

3. The Tahsildar,

Virugambakkam Taluk Office,

Chennai.

4.The Dean,

Madras Medical College and Rajiv Gandhi

Government General Hospoital,

EVR Salai, Chennai-3

(R.4 Suo Motu impleaded vide order dated

01.03.2022 made in WP No.4370/2022)

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W.P.No.4370 of 2022

5. The Tahsildar,

Aminjikarai

(R5 Suo Motu impleaded vide

order dated 28.03.2022 made in

WP No.4370/2022)

.. Respondents

Petition filed under Article 226 of the Constitution of India praying to

issue Writ of Mandamus to appoint the petitioner as a Guardian of his son

Mr.Prasana Kumar and to permit the petitioner to protect the interest, administer

and in the event of necessity to sell the immovable property standing in the name of

his son and to use the proceed towards treatment of the petitioner's son Mr.Prasana

Kumar.

For Petitioner

: Mr.P.Prabhu

For Respondents

: Mr.K.H.Ravi Kumar

Govt.Advocate

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.

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W.P.No.4370 of 2022

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 2^nd Main Road,

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W.P.No.4370 of 2022

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