Lakshmipathy V v. The District Collector / The District Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY V.Lakshmipathy ... Petitioner vs.

The District Collector / The District Magistrate, Office of District Collector, Tirunelveli District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to appoint the petitioner as guardian for his mentally disabled brother namely V.Hariharasubramaniyan, under Section 14 of the National Trust for the Welfare of Persons with Autism, Cerebal Palsy, Mental Retardation and Multiple Disabilities Act, 1999 on the basis of his representation, dated 31.01.2025. For Petitioner : Mr.M.Ponnaiah For Respondent : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondent to appoint the petitioner as guardian for his mentally disabled brother namely V.Hariharasubramaniyan, under Section 14 of the National Trust for the Welfare of Persons with Autism, Cerebal Palsy, Mental 1/4

Retardation and Multiple Disabilities Act, 1999 on the basis of his representation dated 31.01.2025.

2.The learned Additional Government Pleader appearing for the respondent submitted that the petitioner submitted the application without any proper records.

3.This Court is of the considered opinion that the petitioner should establish his rights based on his documents. Therefore, the petitioner is directed to appear before the respondent on 12.07.2025 along with records. The respondent is directed to conduct an enquiry and pass appropriate orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

03.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg Note: Issue order copy on 04.06.2025.

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To The District Collector, The District Magistrate, Office of District Collector, Thirunelveli District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 03.06.2025 4/4