C.R.P.(MD) No.2013 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 17.08.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

C.R.P.(MD) No.2013 of 2023

Vinothkumar

... Petitioner

Vs.

Nil

... Respondent

Prayer: This Civil Revision Petition filed under Article 227 of the Constitution

of India, to set aside the order dated 19.06.2023 passed in unnumbered

G.W.O.P.S.R.No.1478 of 2023 on the file of the District Court, Tirunelveli and

direct the lower Court to number the case and take it on file and decide the

same on merits.

For Petitioner

: Mr.R.J.Karthick

O R D E R

This Civil Revision Petition has been filed by the petitioner to set aside

the impugned order dated 19.06.2023 passed by the District Court, Tirunelveli

in unnumbered G.W.O.P.S.R.No.1478 of 2023 and direct the lower Court to

number the petition and take it on file and decide the same on merits.

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C.R.P.(MD) No.2013 of 2023

2. According to the petitioner, the 1^st schedule property was purchased

by one Mr.Perumal Chettiyar on 03.12.1965 under the Sale Deed Document

No.1644/1965 and the 2^nd schedule property was purchased by one

Mrs.Alameluammal on 29.03.1961 under the Sale Deed Document No.

2270/1961 and the 3^rd schedule property was purchased by one

Mr.Kandhasamy Chettiyar on 31.12.1956 under Sale Deed Document No.

6823/1956. Thereafter, a partition took place on 03.04.1963 between the

family members of Mr.Kandhasamy Chettiyar and in the family partition, 3^rd

schedule property was allotted to Mr.Perumal Chettiyar.

3. It is submitted that the said Mr.Perumal Chettiyar and

Mrs.Alameluammal are blessed with a daughter and three sons namely,

Thirupathi (ward), Dhanalakshmi, Varadharajan and Saravanan. The said

Mr.Perumal Chettiyar and Mrs.Alameluammal died on 13.06.2022 and

30.12.2009 respectively. One of three sons, namely, Varadharajan who is the

father of the petitioner died on 06.05.2020 leaving behind his wife

Santhanavalli, Renganathan, the petitioner and Saradha as legal heirs.

4. It is submitted that after demise of Mr.Perumal Chettiyar, his legal

heirs inherited the property and they have 1/4^th share each in the property. It is

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C.R.P.(MD) No.2013 of 2023

further submitted that the said Mr.Thirupathi is a mentally disorder person and

he could not do his daily fundamental activities. The petitioner is taking care

and having custody of the said Mr.Thirupathi. The petitioner has applied to

appoint him as guardian of the said Thirupathi under Section 14 of the National

Trust Act, 1999. The District Collector, Tirunelveli has appointed the

petitioner as guardian of said Thirupathi on 14.09.2022.

5. It is further submitted that since the said Thirupathi is suffering from

Mental Retardation and Mental Disabilities decease, he depends on with

medicines and now, the petitioner wants to sell the said Thirupathi’s undivided

1/4^th share in the schedule property as the petitioner is in need of Rs.2,000/- per

day for treatment of the said Thirupathi. Therefore, the petitioner filed a

petition under Section 29 of the Guardians and Wards Act, 1890 before the

District Court, Tirunelveli for a permission to sell the property. The Court

below vide impugned order dated 19.06.2023 returned the said petition as it is

not maintainable, against which, the present Civil Revision Petition has been

preferred.

6. The learned counsel appearing for the petitioner would submit that

since there is no provision in ‘The Mental Health Care Act,2017’, ‘The

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C.R.P.(MD) No.2013 of 2023

National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental

Retardation and Multiple Disabilities Act, 1999 (in short