MUHAMMED RAFI Vs. LOCAL LEVEL MONITERING COMMITTEE COLLECTORATE

JUDGEMENT

(1.) Ms.Safiya, a lady aged 58 years, is a person suffering from incomplete development of mind characterized by sub-normality of intelligence which falls within the classification of 'mental retardation' as defined under Section 2(g) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 ('the Act, 1999', for short) . The petitioner herein is the son of the sister of Ms. Safiya. According to the petitioner, he had earlier approached this Court seeking appointment of a guardian and this Court, taking note of the fact that the 5th respondent herein, Sri. Abdul Muthalif, had been appointed as the guardian, had closed the writ petition. The petitioner contends that the 5th respondent has not fulfilled his duties as a guardian and has not furnished the inventory and annual accounts as contemplated under Section 16 of the Act. In the said circumstances, the petitioner approached the District Collector and submitted Ext.P3 representation seeking to initiate appropriate proceedings under Section 17 of the Act. When no action was taken, the petitioner has approached this Court seeking the following reliefs:

(2.) I have heard Sri. K.K. Rajeev, the learned counsel appearing for the petitioners, Sri.V. Ramkumar Nambiar and Sri.Sathya Sree Priya, the learned Amici Curiae and the learned Senior Government Pleader. In view of the order that I propose to pass, notice to the party respondents are dispensed with.

(3.) Having considered the facts and circumstances and the urgency expressed by the petitioners, I dispose of this writ petition with the following directions: