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2016 Supreme(Online)(KER) 43092

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
BADARUNEESA – Appellant
Versus
DISTRICT COLLECTOR THRISSUR – Respondent


JUDGMENT

The first petitioner is the son of petitioners 5 and 6.

Petitioners 7 to 9 are the remaining siblings of the first petitioner. The second petitioner is the wife of the first petitioner. Petitioners 3 and 4 are the children of petitioners 1 and 2. The case of the petitioners is that the first petitioner is suffering from Hypoxic Ischemic Encephalopathy and is in a comatose persistent vegetative state from the year 2009 onwards and since there is no treatment for the ailment of the first petitioner, he is being looked after by the remaining petitioners at home. The first petitioner has one fourth right over the item of property covered by Exhibit P7 assignment deed. The petitioners WPC 27616/16 2 want to sell the share of the first petitioner for looking after him as also for the requirement of his children. According to the petitioners, there is no provision of law by which a guardian can be appointed for a person who is in a comatose persistent vegetative state, to deal with the properties and therefore, the petitioners have approached this Court for the said purpose. The prayer in the writ petition is for a direction to appoint the second petitioner as the guardian of the f

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