Nishi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.No.19968 of 2023 Nishi .... Petitioner Vs 1.The District Collector District Collectorate First Floor Tiruvallur - 602 001.

2.The Tahsildar Avadi Taluk Thiruvallur District Tamil Nadu - 603 001.

3.The District Differently Abled Welfare Officer Thiruvallur District Chinna Ekkadu, Jaya Nagar Thiruvallur, Tamil Nadu -602 001.

4.The Branch Manager State Bank of India Avadi Tank Factory Road Heavy Vehicles Factory Campus P.B.No.2, Avadi Chennai.

.. Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to appoint the petitioner daughter herein as the legal guardian of the mentally incapacitated father and brother, and to operate the bank account standing in the name of the petitioner's father maintained with the fourth respondent and to enable the petitioner to deal with the property of the petitioner's father comprised in Survey No.264/1B, (Previous Survey No.264), Thirumullivoyal Village, Avadi Township, now at Thiruvallur District, measuring about 3,612 sq.ft. to meet out the emergent medical needs of the father and brother of the petitioner.

For Petitioner : Mr.B.Divakaran For Respondent : Mr.S.J.Mohammed Sathik Government Advocate for R1 to R3

ORDER

The petitioner is caring her father and her brother, both of who are mentally disabled. She therefore requires herself to be appointed as a legal guardian for a limited purpose of taking such legal decision as would be binding on her father.

2. The learned counsel for the petitioner submitted that in terms of Section 14 of the Right of Persons with Disabilities Act, 2016, the petitioner is entitled to have her appointed as a legal guardian for her father, and has made necessary representation to the District Collector.

3. Mr.S.J.Mohammed Sathik, learned Government Advocate appearing for 2/4

the respondents submitted that in terms of the Rules, the petitioner has to present an application in Form-I, and that no such application is made before the District Collector, and proceeded to submit that as per the instructions, even the representation said to have been sent to the District Collector, is not received at the Collectorate.

4. The petitioner is now directed to file an application in Form-I to the District Collector, within a period of one week from the date of receipt of a copy of this order, whereupon the District Collector is required to take a decision on the same, within a period of next two weeks.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.07.2023 Index : Yes / No Speaking order / Non-speaking order ds Note : Issue order copy on 24.07.2023 3/4

N.SESHASAYEE.J., ds 20.07.2023 4/4