IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
N.Sashi Rekha – Appellant
Versus
The District Collector, (Designated Authority), Office of the District Collector, Rajaji Salai, Chennai-1. – Respondent
Writ Petition
| Table of Content |
|---|
| 1. mental disability and guardianship application details. (Para 2) |
| 2. request for a directive to the respondent. (Para 3) |
| 3. court's directive for timely consideration. (Para 5) |
| 4. final decision regarding costs. (Para 6) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.03.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI N.Sashi Rekha ... Petitioner Vs.
The District Collector, (Designated Authority), Office of the District Collector, Rajaji Salai, Chennai-1. ....Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to consider the petitioner’s application dated 24.06.2024 pending on the file of the respondent to appoint the petitioner as limited guardian for a period of 10 years of the petitioner’s child, S.Sai Sri, is a mentally ill person within the time stipulated by this Court.
For Petitioner : Mr.E.Udayachander For Respondent : Mr.M.Rajendran Additional Government Pleader
O R D E R
This Writ Petition has been filed to consider the petitioner’s application dated 24.06.2024 pending on the file of the respondent to appoint the petitioner as limited guardian for a period of 10 years of the petitioner’s child, S.Sai Sri, who is a mentally ill person within the time stipulated by this Court.
2. It is the case of the petitioner that the petitioner’s daughter, namely, S.Sai Sri, is a mentally ill person and she is incapable of managing her own affairs. The petitioner is the mother and natural guardian and taking care and custody of her. Her permanent physical impairment/mental disability is 70% as per the Certificate issued by the State Commissionerate for the welfare of the Differently Able Peripheral Hospital, Chennai dated 12.08.2016. The petitioner’s husband during his lifetime obtained the property by way of settlement deed registered as Document No.2876 of 2016. He passed away intestate, leaving behind the petitioner, his daughter who is mentally ill person, one another daughter and his mother. Since the petitioner’s daughter, namely, S.Sai Sri, is a mentally ill person having interest in the said immovable property, the petitioner filed necessary application on 24.06.2024 under Section 14 of the Rights of Persons with Disabilities Act, 2016 to the respondent, who is Designated Authority under G.O.Ms.No.28, Welfare of Differently Abled Persons Department dated 27.07.2018 for appointing her as guardian of the mentally ill person. However, the same has not been considered so far. Hence, the petitioner is before this Court.
3. The learned counsel appearing for the petitioner submitted that it would suffice, if the respondent is directed to dispose of the application of the petitioner dated 24.06.2024 on merits and in accordance with law, within a specified period.
4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
5. In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the respondent to consider the application of the petitioner dated 24.06.2024 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
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