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W.P(MD)No.7893 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated: 25.03.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY

W.P(MD)No.7893 of 2026 and

W.M.P(MD)No.6489 of 2026

1.Kala Bai 2.Boopalan

3.Rukmini Saranya ... Petitioners

Vs.

1.Union of India, Rep by its Secretary,

Ministry of Health Department, Nirmal Bhawan,

New Delhi-110 011.

2.The State of Tamil Nadu, Rep by its Secretary,

Department of Health and Family Welfare, Fort St.George,

Chennai-600 001.

3.The District Collector, Trichy,

Trichy District.

4.The Dean, K.A.P. Viswanathan Government Medical College,

Trichy.

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W.P(MD)No.7893 of 2026

5.The District Registrar, Tiruchirapalli,

Tircuhirapalli District.

6.The Sub Registrar, Worraiyur

Marudhandankurichi Tiruchirapalli. ...Respondents

Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of declaration, declaring the 1^st petitioner herein as a guardian of 1^st petitioner's husband Mr.S.Devendra Rao, aged 75, who is in “Progressive Supranuclear Palsy” condition to protect his interest and to sell the immovable property aforesaid standing in the name of 1^st petitioner's husband in order to use the proceeds towards the medical and family

expenses and to operate his bank account.

For Petitioners :Mr.N.Ananda Kumar For R1 :M/s.G.Vidhya Maheswaran

Standing Counsel For R2 to R6 :Mr.M.Lingadurai

Special Government Pleader

ORDER

The wit petition is seeking for a mandamus directing the respondent

No.3 to appoint the petitioner as the guardian to her husband, namely Mr.S.Devendra Rao and to permit the petitioner to operate his bank account

and further to deal with the immovable properly.

2.Heard Mr.Ananda Kumar, learned counsel for the petitioners,

M/s.G.Vidhya Maheswaran, learned Standing Counsel who takes notice on

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W.P(MD)No.7893 of 2026

behalf of the first respondent and Mr.M.Lingadurai, learned Special

Government Pleader, who takes notice on behalf of the respondents 2 to 6.

3.Upon hearing the learned counsel for the petitioner and perusing the

material records of the case, it can be seen that the first petitioner's husband, aged 75 years who is in “Progressive Supreanuclear Palsy” condition. As a result thereof, he is now in vegetative condition, unable to move or

recollect.

4.In view of the above, the matter is covered by the judgment of the

Hon'ble Division Bench in the case of S.Sasikala Vs. State of Tamil Nadu(W.A.No.1538 of 2024) wherein this Court itself appointed the

petitioner as the guardian subject to the condition imposed therein.

5.I have considered the argument made on either side and perused the

material records of the case.

6.Upon considering the plight of the petitioner and her family, as well

as the condition of her husband, I am of the view that the first petitioner being the wife can be appointed as the lawful guardian of Mr.S.Devendra

Rao, subject to the following conditions:

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W.P(MD)No.7893 of 2026

(i)The first petitioner is appointed to act as guardian of the said

S.Devendra Rao, aged about 75 years old in respect of his person and

property.

(ii)The first petitioner shall be entitled to deal with the immovable

properties that fall to the share of the said Devendra Rao.

(iii)The first petitioner shall be entitled to execute and present any

documents, including sale deeds, mortgage deeds, or any other instruments, and to raise loans or create any charge in respect of the said properties on

behalf of Devendra Rao

(iv)The first petitioner shall also be entitled to operate the bank

accounts of the said Devendra Rao, and the concerned bank shall permit the petitioner to operate such accounts, including withdrawing and depositing

amounts, as if the said Devendar Rao were operating the same in person

(v)Out of the amounts withdrawn or realized by way of deal