Madras High CourtWP(MD)/24639/2024disposed of

G. Sulochana v. The District Collector (Designated Authoriy)

2024-10-21Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR G.Sulochana ... Petitioner Vs., 1.The District Collector (Designated Authority), Madurai.

2.The District Differently Abled Persons Welfare Officer, District Differently Abled Persons Welfare Office, Ground Floor, Collectorate New Building, Madurai -20.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to appoint the petitioner as limited guardian of her daughter Gayathri @ Prakalya person with disability to transfer the house property bearing Plot No.8, comprising Old Survey No.13/1, Re S.No. 26/1, K.Athikulam Village, Madurai North Taluk, Tallakulam Sub Division, Madurai District, based on the application dated 25.07.2024 under Section 14 of Right of Persons with Disability Act, 2016 within time frame that may be stipulated by this Court.

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For Petitioner : Mr.V.P.Rajan For Respondents : Mr.A.Kannan Additional Government Pleader O RDER This writ petition has been filed seeking for issuance of writ of mandamus to direct the respondents to appoint the petitioner as limited guardian of her daughter Gayathri @ Prakalya person with disability to transfer the house property bearing Plot No.8, comprising Old Survey No.13/1, Re S.No.26/1, K.Athikulam Village, Madurai North Taluk, Tallakulam Sub Division, Madurai District, based on the application dated 25.07.2024 under Section 14 of Right of Persons with Disability Act, 2016.

2. At the outset, this Court is of the view that the prayer sought for by the petitioner is not maintainable. The petitioner's daughter said to be suffering from mental disorder. It is for the petitioner to approach the concerned authority, who designated under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, for appointment of guardian.

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3. With liberty to the petitioner to file such application, this Writ Petition is disposed of. No costs.

21.10.2024 NCC : Yes/No Index : Yes/No Rmk To 1.The District Collector (Designated Authority), Madurai.

2.The District Differently Abled Persons Welfare Officer, District Differently Abled Persons Welfare Office, Ground Floor, Collectorate New Building, Madurai -20.

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N.SATHISH KUMAR , J.

Rmk 21.10.2024 4/4