R.Usha v. The State Of Tamil Nadu

Abdul Quddhose, J.

This writ miscellaneous petition has been filed to clarify Clause (f) of the order dated 05.02.2021 passed by this Court in W.P. No.13060 of 2020, wherein, the petitioner, who is the wife of a coma patient by Dr.K.Ramasubramanian was appointed as Guardian in respect of all his assets both movable and immovable.

2. According to the petitioner, she has spent huge amount of money towards medical expenses of her husband Dr.K.Ramasubramanian, who is continuing to remain in coma. She has expressed her difficulty in selling his immovable properties as according to her, the concerned authorities are not permitting Registration on the ground that there is no express power to sell under the order dated 05.02.2021 passed in WP No.13060 of 2020. The notice in this application has also been served on

Mr.S.Arumugam, learned Government Advocate. On instructions he submits no objection for allowing this clarification petition.

3. In view of the averments contained in the affidavit filed in support of this petition as well as after hearing the submissions made by the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents, this Court deems it fit to grant the prayer sought for in this Writ Miscellaneous Petition. Accordingly, this WMP is allowed as prayed for.

4. It is made clear that the petitioner is permitted to sell /mortgage the properties (both movable and immovable) standing in the name of her husband Dr.K.Ramasubramanian for his medical expenses. 24.08.2021 Note to office : Upload / Issue order copy on 24.08.2021. vsi2

ABDUL QUDDHOSE, J.

vsi2 24.08.2021