ARUN GEORGE ANTONY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this Writ Petition seeking a declaration to appoint him as the Legal Guardian of the person and property of Smt.Indu George as she is under comatose stage. The petitioner is the brother of Smt.Indu George. He is a consultant at TCS Info Park. The husband of Smt.Indu George passed away on 13.04.2019 due to cancer. Smt.Indu George is having two minor children -Merita Thomas aged 17 and Anika Thomas aged 14 years studying in 12th Std and 9th Std respectively in St.Antony's Public School, Anakkal.

(2.) It is stated that while Smt.Indu George has been working as HSA at St.Thomas Higher Secondary School, Erumeli, she fell unconscious on 17.02.2020 and she was admitted in Carithas Hsopital, Kottayam and thereafter she was under treatment at Aster Medicity, Kochi. It is stated that she never regained consciousness and has been in a complete comatose stage. She continues under the treatment of Aster Medicity. Exts.P5 and P6 medical reports from Aster Medicity would show that she has been diagnozed with "Acute Aneurysmal Subarachnoid Haemorrhage" and that she is non-responsive to her surroundings. It is stated that she is in a vegetative state and there is nobody to manage the affairs of Smt.Indu George and her children or the assets. Huge expense is WP(C).No.16803 OF 2020 Writ Petition is filed in the said circumstances seeking a declaration appointing the petitioner as her guardian, in the light of the judgment of this Court reported in Sobha Gopalakrishnan and others V State of Kerala and others: 2019 (2) KHC 488.

(3.) In Sobha Gopalakrishnan's case, taking note of the fact that there is no statute governing those in comatose stage, this Court formulated guidelines for appointment of guardians in such cases in paragraph 35 of the judgment, which reads as follows: