Court invokes Art.226 to appoint children as guardians for comatose parent absent specific statutory provisions, prioritizing welfare.

ORDER

This Writ Petition has been filed seeking to declare the petitioners as guardian of their mother Mrs.M. Vijayalakshmi, aged 58 who is in comatose condition to sell the immovable property aforesaid standing in the name of the petitioners father in order to use the proceeds towards the medical and family expenses and to operate her bank account

2. Heard the learned counsel appearing on either side. WMP.No.3155 of

2026 filed by the petitioners to permit them to file a Single Writ Petition, is allowed on payment of single Court fee.

3. The petitioners are the children of Mr. R. Manoharan and Mrs.

M.Vijayalakshmi. It is stated that the petitioners’ mother met with an accident and, owing to the injuries sustained, has been in a comatose condition. According to the petitioners, substantial medical expenses are being incurred towards her continuous treatment and care.

4. It is further stated that the first petitioner is the sole earning member of the family and is finding it difficult to meet the family expenses and the medical expenditure of his mother. In such circumstances, the petitioners, who are siblings, have filed the present petition to appoint them as guardian of their mother, who is in a comatose and incapacitated state.

5. Learned counsel for the petitioners submitted that the family has no other sufficient source of income and, in order to meet the medical expenses, the petitioners propose to sell a portion of the immovable property belonging to their parents, measuring an extent of 2270 sq.ft. out of the total extent of 3404sq.ft. Since the petitioners’ mother is in a comatose state and is incapable of understanding or executing any document, the present writ petition has been filed seeking declaration to declare the petitioners as guardian of their mother and for consequential permission to deal with the property for her welfare and treatment. Relying upon various judgments of this Court in identical matters learned counsel prayed for appointing petitioners as guardian of their mother Mrs.M. Vijayalakshmi.

6. When the matter came up for hearing on 02.02.2026, this Court had directed the 4^th respondent to file a report regarding the petitioners mother’s mental and physical condition. Pursuant to the said direction, the 4^th respondent filed the medical report dated 11.02.2026, wherein it is stated that the petitioners’ mother is not in a fit mental condition to take decisions or execute documents and that she continues to remain incapacitated.

7. Though it was also directed in the earlier proceedings dated 02.02.2026 calling upon the 7^th respondent /bank to furnish details of the amount that is lying in the account of Mrs.M. Vijayalakshmi, the same has not been furnished before this Court. Considering the emergency situation in which the petitioners put in and the necessity for taking care of their mother, this writ petition is taken up for disposal, today.

8. Learned Government Advocate appearing for respondents 4 to 6, on the basis of the medical report, submitted that the condition of the petitioners’ mother has been duly assessed and the respondents would abide by any appropriate order passed by this Court, subject to safeguards being imposed for protection of her interest. In view of the above, he prayed for suitable directions.

9. It is not in dispute that the petitioners’ mother is in a comatose stage. It is to be noted that there is no specific provision either under the Guardians and Wards Act, 1890 or under the Mental Health Act, 1987 or under any other statute for appointing legal guardian in respect of a person, who is in a vegetative/comatose state. Since the petitioners are children