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Madras High CourtA/7257/2014allowed

R. Kalyanaraman v. R Seshadri @ Papanna

2021-07-15Honourable Mr Justice N. Seshasayee9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 15TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE A. No.7257 of 2014 in A.No.5815 of 2014 in C.S. No.596 of 2014 A.No.5815 of 2014 & A. No.7257 of 2014 in C.S. No.596 of 2014:- R.Kalyanaraman, S/o.Late S.Ramanthan, Flat No.2, Ground Floor, No.11, Sundararajan Street, Abhiramapuram, Chennai-600 018. ... Applicant/Plaintiff -Versus1. R.Seshadri @ Papanna, S/o.Late Sri Ramanathan, Permanent Address Flat No.3, First Floor, No.11, Sundararajan Street, Abiramapuram, Chennai-600 018 presently residing at V.G.N.Platina, Plot No.29, Flat No.2, Ayyambakkam, Thiruverkadu Main Road, Chennai-600 077.

2. R.Shankaran, S/o.Late Ramanathan, V.G.N.Platina, Plot No.29, Flat No.F2, Ayyampakkam, Thiruverkadu Main Road, Chennai-600 077.

3. Mrs.Kalpagam Srinivas, W/o.(Late) R.S.Srinivas,

No.2, Durga Colony, 4th Cross Street, Rajakilpakkam, Chennai-600 073.

4. Mrs.Vimala Ganesan, W/o.(Late) S.Ganesan, New No.8, Old No.10, 2nd Street, North Gopalapuram, Chennai-600 082.

5. Mrs.Saroja Srinivasan, W/o.T.G.Srinivasn, No.C1, 46/1, Belvadi Apartment, 13th Cross, 8th Main Road, Malleshwaram, Bangalore-560 003.

6. Mrs.Vijayalakshmi Ramani, W/o.(Late) R.G.Ramani, Door No.G1 8/23, Velan Flats, Plot No.44, Majestic Colony, Tiruppur Kumaran Street, Valasarawalkkam, Chennai-600 087.

... Respondents/Defendants A. No.7257 of 2014:- Application praying that this Hon'ble Court be pleased to pass orders directing the 1st respondent/1st defendant R.Seshadri @ Papanna to be examined by a competent Doctor or medical practioner in regard to the mental health condition and or his physical health condition and submit a report to this Hon'ble Court at an early date for purposes of appointing a Court Guardian in application No.5815 of 2014 in C.S. No.596 of 2014.

This application coming on this day before this court for hearing in the presence of Mr.T.Mohan for M/s. P.Veeraraghavan, advocates for the applicant in both applications and upon reading the order herein dated 31.08.2018, the court made the following order: This application is filed for appointment of guardian to the 1st defendant on the allegation that he is not mentally sound enough to maintain his affairs and for producing the 1st defendant before the Medical Board. Accordingly, this petition was allowed and the 1st defendant was required to be produced before the Institute of Mental Health by the 2nd defendant in whose custody he is. This order was challenged by the 1st defendant in O.S.A and disposed of by the Court directing the 1st defendant to appear before the Medical Board. 2.Mr.T.Mohan, the learned counsel appearing for the plaintiff in C.S.No.596 of 2014 made a statement that he has been instructed to inform the Court that the 1st defendant has appeared before the Director, Institute of Mental Health even last week.

3.Registry is now required to address a communication to the Director, Institute of Mental Health, Kilpauk to make available his report as soon as possible but after fulfilling all the criteria necessary to make a report of utility for the Court.

4.Post the matter on 12.08.2021.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF JULY 2021.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SK 19.07.2021 A. No.7257 of 2014 in A.No.5815 of 2014 in C.S. No.596 of 2014

ORDER

DATED : 15.07.2021 THE HON'BLE MR.JUSTICE N.SESHASAYEE FOR APPROVAL: 19.07.2021 APPROVED ON: 19.07.2021 Copy to:- The Dean/Director Institute of Mental Health, Kilpauk, Chennai- 600 010.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 15TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE A. No.7257 of 2014 in A.No.5815 of 2014 in C.S. No.596 of 2014 A.No.5815 of 2014 & A. No.7257 of 2014 in C.S. No.596 of 2014:- R.Kalyanaraman, S/o.Late S.Ramanthan, Flat No.2, Ground Floor, No.11, Sundararajan Street, Abhiramapuram, Chennai-600 018. ... Applicant/Plaintiff -Versus1. R.Seshadri @ Papanna, S/o.Late Sri Ramanathan, Permanent Address Flat No.3, First Floor, No.11, Sundararajan Street, Abiramapuram, Chennai-600 018 presently residing at V.G.N.Platina, Plot No.29, Flat No.2, Ayyambakkam, Thiruverkadu Main Road, Chennai-600 077.

2. R.Shankaran, S/o.Late Ramanathan, V.G.N.Platina, Plot No.29, Flat No.F2, Ayyampakkam, Thiruverkadu Main Road, Chennai-600 077.

3. Mrs.Kalpagam Srinivas, W/o.(Late) R.S.Srinivas,

No.2, Durga Colony, 4th Cross Street, Rajakilpakkam, Chennai-600 073.

4. Mrs.Vimala Ganesan, W/o.(Late) S.Ganesan, New No.8, Old No.10, 2nd Street, North Gopalapuram, Chennai-600 082.

5. Mrs.Saroja Srinivasan, W/o.T.G.Srinivasn, No.C1, 46/1, Belvadi Apartment, 13th Cross, 8th Main Road, Malleshwaram, Bangalore-560 003.

6. Mrs.Vijayalakshmi Ramani, W/o.(Late) R.G.Ramani, Door No.G1 8/23, Velan Flats, Plot No.44, Majestic Colony, Tiruppur Kumaran Street, Valasarawalkkam, Chennai-600 087.

... Respondents/Defendants A. No.7257 of 2014:- Application praying that this Hon'ble Court be pleased to pass orders directing the 1st respondent/1st defendant R.Seshadri @ Papanna to be examined by a competent Doctor or medical practioner in regard to the mental health condition and or his physical health condition and submit a report to this Hon'ble Court at an early date for purposes of appointing a Court Guardian in application No.5815 of 2014 in C.S. No.596 of 2014.

This application coming on this day before this court The court made the following order:- This application is filed for appointment of guardian to the 1st defendant on the allegation that he is not mentally sound enough to maintain his affairs and for producing the 1st defendant before the Medical Board. Accordingly, this petition was allowed and the 1st defendant was required to be produced before the Institute of Mental Health by the 2nd defendant in whose custody he is. This order was challenged by the 1st defendant in O.S.A and disposed of by the Court directing the 1st defendant to appear before the Medical Board. 2.Mr.T.Mohan, the learned counsel appearing for the plaintiff in C.S.No.596 of 2014 made a statement that he has been instructed to inform the Court that the 1st defendant has appeared before the Director, Institute of Mental Health even last week.

3.Registry is now required to address a communication to the Director, Institute of Mental Health, Kilpauk to make available his report as soon as possible but after fulfilling all the criteria necessary to make a report of utility for the Court.

4.Post the matter on 12.08.2021.

Sd./-(N.S.S.J.,) 15.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.