GOPALAN P. V. Vs. UNION OF INDIA

JUDGEMENT

(1.) Seeking appointment of the petitioner as the guardian of Shri.Mahesh P.C., he submitted Ext.P9 application under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. The writ petition has been filed alleging that orders on the said application have not been passed by the Local Level Committee, which is the authority under the said Act.

(2.) It was pointed out by the learned Amicus Curiae that, going by the disabilities referable to the subject, the proceedings under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, will not lie and that the remedy is to move under the Rights of Persons With Disabilities Act, 2016 for appointment of guardian.

(3.) The petitioner has now submitted Ext.P10 application dated 20.10.2020 before the Sub Divisional Magistrate, who is impleaded as the additional 7th respondent in the writ petition. He is the notified authority under Section 14 of the Rights of Persons With Disabilities Act, to consider the request for appointment of guardian.