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OP No. 402 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

OP No. 402 of 2025

1. R. Ambika

W/o. Ramamurthy,

No.73/32/1, Pillayar Koil Street,

Triplicane, Chennai

2. S.Vijayalakshmi

W/o. Shanmuga Vijayan,

Permanent resident of

No.73/32/1, Pillayar Koil Street,

Triplicane, Chennai ,

Now at G-252, First Floor, Avigna Celeste,

Echankaranai, Mahindra World City,

Kunnavakkam, Chengalpattu.

..Petitioner(s)

Vs

Nil

..Respondent(s)

Prayer:

Petition filed for appointment of Guardian and Estate of Mentally Ill

person under Clause XVII of the Letters Patent, 1865 r/w Order XXI, Rules 2

and 3 of High Court Original Side Rules (a) to appoint the second petitioner as

guardian of the person of the Intellectually disabled R.Eswaran b) Appoint the

second petitioner as the manager of the properties of R.Eswaran described in

the schedule and to manage the same c) Permit the second petitioner to sell,

convey, execute and register all such conveyance and instruments for

disposing of the share of R.Eswaran in the properties described in the

schedule d) Permit the second petitioner to convey, execute and register in

the sale deed on behalf of R.Eswaran and permit the second petitioner to

receive consideration amount, and to spend the amount for the regular

treatment expenses of the mentally ill person the R.Eswaran.

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OP No. 402 of 2025

For Petitioner(s): Mr.R.Rajaramani

ORDER

This petition has been filed under Clause XVII of the Letters Patent,

1865 r/w Order XXI, Rules 2 and 3 of High Court Original Side Rules (a) to

appoint the second petitioner as guardian of the person of the Intellectually

disabled R.Eswaran b) Appoint the second petitioner as the manager of the

properties of R.Eswaran described in the schedule and to manage the same

c) Permit the second petitioner to sell, convey, execute and register all such

conveyance and instruments for disposing of the share of R.Eswaran in the

properties described in the schedule d) Permit the second petitioner to

convey, execute and register in the sale deed on behalf of R.Eswaran and

permit the second petitioner to receive consideration amount, and to spend

the amount for the regular treatment expenses of the mentally ill person the

R.Eswaran.

2. According to the petitioners, the 1^st petitioner married one Mr.Ramamurthy

and out of the wedlock, two children namely, the 2^nd petitioner and one

Easwaran was born. Now, the 1^st petitioner is aged about 80 years, 2^nd

petitioner is aged about 58 years and the said Easwaran is aged about 48

years. The said Mr.Ramamurthy died intestate at Chennai on 17.01.2020,

leaving behind his wife and children as his legal heirs. The said

Mr.Ramamurthy, during his lifetime, purchased the schedule mentioned

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OP No. 402 of 2025

properties and the said R.Eswaran, is entitled to an equal 1/3rd share in Item

2 to 4 of the schedule properties and ½ share in the first item of properties. In

the year 2008, the petitioners made arrangements for the marriage of the said

Eswaran with one Keerthi and the marriage took place on 19.10.2008 and

subsequently, both of them moved to the Family Court, Chennai for divorce

under mutual consent and accordingly, the dissolution of marriage took place.

In the said proceedings, the wife Keerthi undertook, assured and promised not

to claim any share or right in the properties of the said R.Eswaran.

2(i) Since there was some change in the behaviour of the said

R.Eswaran, he was examined by the Medical Officer / Civil Assistant Surgeon

Institute of Mental Health, Chennai and certified as Intellectual Disabled

Person with 75% disability. The 1^st petitioner, being mother of 2^nd petitioner

and the said Eswaran, had given consent to the 2^nd petitioner for being

appointed as Guardian to R.Eswaran, who is intellectually disabled. The

approximate total value of t