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Madras High CourtWP/24134/2024disposed of

K.S.Indira Devi v. The District Collector

2024-08-21Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.08.2024

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.24134 of 2024 K.S.Indira Devi ... Petitioner Vs.

1. The District collector, Regional Administrator under the National Trust Act, 1999, Collectorate, GST Road, Chengalpattu.

2. Aathichudy Special School run by Swastik Trust, Non-Governmental Organisation, No.208, Navalur Street, Annai Indira Nagar, Konnerikuppam Village, Kancheepuram.

3. Balaraman

4. Raju ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to appoint the petitioner as the Guardian of Mr.Prasanna Seshadri to manage his property in consideration of the petitioner's application under Section 14(1) of the national Trust for Welfare of persons with Autism, Cerebral

Palsy, mental retardation and multiple disabilities act 1999, Rule 16 of the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000 sent to respondents 1 to 3 by RPAD on 20.06.2024 to the 4th respondent on 09.07.2024. For Petitioner : Mr.G.R.Hari For Respondents : Mr.LSM. Hasan Fisal, AGP RR1, 3 & 4

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to appoint the petitioner as the Guardian of Mr.Prasanna Seshadri to manage his property in consideration of the petitioner's application under Section 14(1) of the national Trust for Welfare of persons with Autism, Cerebral Palsy, mental retardation and multiple disabilities act 1999, Rule 16 of the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000 sent to respondents 1 to 3 by RPAD on 20.06.2024 to the 4th respondent on 09.07.2024.

2. It is the case of the petitioner that the petitioner, who is a relative of one Prasanna Sheshadri, who is a disabled person, is willing to be guardian, has sent representation to the respondents for appointment of

Guardianship and the same was rejected. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner has to make a representation before the concerned jurisdictional office. The respondents have no power to pass orders on the petitioners representation.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the petitioner to make a representation to the concerned jurisdictional office within a period two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the concerned officer shall consider and

pass orders on the petitioner's representation as expeditiously as possible.

7. With the above directions, the writ petition is disposed of. No costs. 21.08.2024 rli To

1. The District collector, Regional Administrator under the National Trust Act, 1999, Collectorate, GST Road, Chengalpattu.

2. Aathichudy Special School run by Swastik Trust, Non-Governmental Organisation, No.208, Navalur Street, Annai Indira Nagar, Konnerikuppam Village, Kancheepuram.

M.DHANDAPANI,J.

Rli W.P.No.24134 of 2024 21.08.2024