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Madras High CourtWP/29109/2025disposed of

Shobhana Ravi v. The State Of Tamilnadu

2025-08-06Honourable Mr Justice N. Anand Venkatesh8 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH 1.Shobhana Ravi 2.Roshini Ravi Kesavan, Petitioner(s) Vs

1. The State of Tamilnadu Rep. by its Secretary, Department of Health and Family Welfare, Secretariat, Fort St. George, Chennai-600 001 2.The District Collector Chennai District Collector Office, Rajaji Salai, 4th Floor, 62 Beach Road, George Town, Chennai-600 001 3.The Sub-registrar The Sub-registrar Office, Kodambakkam, Chennai.

2/8 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring the 1st petitioner herein as the Guardian of her husband viz. Mr.C.Ravi Kesavan who is suffering from Cerebro Vascular accident - stroke and hemorrhagic and permit the 1st petitioner to operate the bank accounts, protect the interest, administer all the immovable assets standing in the name of her husband including the sale of immovable property standing in the name of the 1st petitioner's husband Mr.C.Ravi Kesavan more particularly to sell the flat bearing Flat No.21/10 situated at Ramba Village, Bajanaikovil Street, Chollaimedu, Chennai-600 094 within the jurisdiction of the 3rd Respondent morefully described in the schedule of this Writ Petition as and when required.

For Petitioner(s):

Mr.M.Santhanaraman For Respondent(s):

Mr.M.Bindran Government Advocate

ORDER

This writ petition has been filed to declare the 1st petitioner as the guardian of her husband Mr.C.Ravi Kesavan who is suffering from Cerebro Vascular accident - stroke and hemorrhagic and to permit the 1 st petitioner to

3/8 operate the bank accounts and to administer the immovable properties that stand in the name of the husband and to deal with the same. 2.The case of the petitioners is that the first petitioner is the wife of Mr.C.Ravi Kesavan and the second petitioner is the daughter. On 15.09.2024, the 1st petitioner's husband fell down unconscious and he was rushed to the hospital and upon medical examination, he was diagnosed with left gangliocapsular bleed with intraventricular extension caused as a result of 'Cerebro Vascular Accident - Stroke, Haemorrhagic'. A surgery was done on 13.09.2024 and another surgery conducted on 15.09.2024 and he was monitored in the intensive care till 11.10.2024. Thereafter, as a follow-up, he underwent one more surgery on 16.11.2024 and he was discharged from hospital on 04.12.2024.

3.The specific case of the 1st petitioner is that her husband is not in a position to take any decisions, nor communicate and as a result, the petitioners

4/8 are finding it very difficult to manage the day to day affairs, since many of the bank accounts and properties stand in the name of the 1st petitioner's husband. It is under these circumstances, the present writ petition has been filed before this Court to declare the 1st petitioner as the guardian of her husband. 4.Heard Mr.M.Santhanaraman, learned counsel appearing on behalf of the petitioners and Mr.M.Bindran, learned Government Advocate appearing on behalf of respondents 1 to 3.

5.This Court had an occasion to deal with a similar issue in W.P.No.3333 of 2025. While dealing with that writ petition, this Court took into consideration the earlier Division Bench judgement of this Court in W.P.No.20544 of 2025, dated 11.06.2025. The facts of the present case can also be brought within the fold of the above judgements and this Court is satisfied that the 1st petitioner has to be declared as the legal guardian of her husband.

5/8 6.In the instant case, the petitioners must take care of the ailing Mr.C.Ravi Kesavan who is not even in a position to communicate or take any decisions. The petitioners do not have any other source of income to take care of the medical expenses and for maintaining themselves. Therefore, this Court is inclined to appoint the first petitioner as the guardian of her husband Mr.C.Ravi Kesavan and permit her to operate the bank accounts/investments and also deal with the immovable properties standing in the name of her husband.

7.In the result, this writ petition is disposed of in the following terms: a) The first petitioner is appointed as the guardian for the person as well as the properties of Mr.C.Ravi Kesavan.

b) The first petitioner is permitted to deal with the bank accounts and also the properties standing in the name of Mr.C.Ravi Kesavan.

6/8 c) The first petitioner is directed to submit the accounts of income and expenditure incurred before the Registry of this Court once in six months and the same shall be put up along with the main bundle. No Costs. 06-08-2025 (1/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

7/8 To 1.The Secretary State of Tamilnadu Department of Health And Family Welfare, Secretariat, Fort St. George, Chennai-600 001 2.The District Collector Chennai District Collector Office, Rajaji Salai, 4th Floor, 62 Beach Road, George Town, Chennai-600 001 3.The Sub-registrar The Sub-registrar Office, Kodambakkam, Chennai.

8/8 N.ANAND VENKATESH J.

ssr 06-08-2025 (2/2)