NARAYANANAKUTTY MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) SUNILKUMAR, son of late Mudakodi Chandrashekara Menon and late Mullappilli kamalamma is a mentally retarded person. Certain items of properties were obtained by chandrashekara Menon and Kamalamma from their respective tarwards. Chandrashekara menon died on 24. 3. 1995; the mentally retarded person was being looked after by his father till his death. It may also have to be mentioned that Kamalamma, the mother of sunilkumar developed some mental illness after giving birth to Sunilkumar and she was also looked after by her husband. After the death of Chandrashekara Menon, one Govindankutty menon was looking after the person and properties of Kamalamma and Sunilkumar. He filed O. P. (MH) 429/2005 before the District Court, Ernakulam for appointing him as guardian of Sunilkumar. In fact the said application was filed by Govindankutty Menon for appointing him as guardian of Kamalamma also. Another person, a stranger to the family claiming to be a close friend of late Chandrashekara Menon filed O. P. (MH ). 394/95 before the same court for the same purpose. The application filed by the stranger was dismissed and the matter was taken up in appeal before this court in MFA. No. 1316/99. The appeal was dismissed. By Ext. P2, the application filed by Govindankutty Menon was allowed and he was appointed as the guardian. Later Govindankutty Menon died and Narayanankutty Menon, s/o. Govinda Menon, the maternal uncle of Sunilkumar filed O. P. (MH)323/2006 before the district Court, Ernakulam, for appointing him as guardian of the mentally retarded person and for managing the property. By Ext. P3 judgment the District Court found that the O. P. is not maintainable under the provisions of the Mental Health Act and dismissed the same giving liberty to the petitioner to file appropriate application before appropriate forum under the provisions of the Act applicable to mentally retarded persons. The said view was confirmed by the Division Bench of this court in M. F. A. 18/2008, but without prejudice to the right of the petitioner to seek his remedies elsewhere. It is thereafter that the instant petition under Art. 226 of the Constitution has been filed by Narayanankutty Menon praying for the following reliefs:

(2.) PURSUANT to the interim order passed by this court on 24. 7. 2008, the District Collector forwarded a report to the Registrar (Judicial ). The relevant portion of the report reads as follows:-

(3.) I heard learned counsel for the petitioner Sri. K. P. Balasubramanian and the learned government Pleader.