Padmavathi (Died), 2) Selvakkani v. Indurani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/12/2025

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA CMP(MD)No.3745 of 2025 in SA(MD)No.983 of 2009

1. Padmavathi (Died)

2. Selvakkani ... Petitioners Vs 1.Indurani 2.Gunalakshmi @ Gunasundari 3.Pandiarajan (Died),

4. Renuka

5. Kajole Priay

6. Minor.Sabari Pandi

8. Minor. Saravana Pandi ... Respondents (Minor Respondents 6 to 8 are Represented by their Paternal grand mother and guardian, the 4th respondent) PRAYER :-To appoint the 4th respondent, the paternal grand mother of the minor respondents 6 to 8 who are her grand childran as the guardian of the minor Respondents 6 to 8 herein and in case if she is not willing to act as guardian, then this Honourable Court may be pleased to appoint an Avocate of this Court as the Court guardian to the minor Respondents 6 to 8.

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For Petitioner : S.Parthasarathy For R6 to R8 : Mr.R.Ganesh Prabhu

ORDER

This petition has been filed for suitable orders to appoint the fourth respondent, the paternal grandmother of minor respondents 6 to 8, as the guardian of the minor Respondents 6 to 8 herein and in case, she refuses to act as guardian, then this Court may appoint an Avocate as Court guardian for minor respondents 6 to 8.

2. This Court issued notice to the proposed fourth respondent/guardian on 17.03.2025 and private notice was also permitted.

3. On 15.04.2025, this Court found that the Court notice sent to the fourth respondent had been returned with an endorsement insufficient address. This Court directed the Registry to print the name of the fourth respondent in the cause list and list the matter on 29.04.2025 for appointment of Court guardian. On 29.04.2025, the learned counsel for 2/3

the appellant in S.A(MD)No.913 of 2010, who is the respondent in S.A(MD)No.983 of 2009 submitted that the notice sent by him to his clients had been received by some other person. Hence, the learned counsel was permitted to verify the same and sent fresh intimation to his clients and the matter was directed to be listed on 16.06.2025. Thereafter, the matter was not taken up.

4. Today, when the matter was taken up for hearing, though the name of the fourth respondent is printed in the cause list, the fourth respondent did not appear either in person or through counsel. Therefore, this Court is inclined to appoint Mr.K.Ganesh Prabhu, as Court guardian for the respondents 6 to 8 in C.M.P(MD)No.6484 of 2018 in SA(MD)No. 983 of 2009.

5. This petition stands ordered accordingly. Registry is directed to carry out necessary amendments.

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