S.SASIKALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This intra-Court appeal is directed against the order dtd. 23/4/2024 dismissing Writ Petition No.11314 of 2024 filed by the petitioner.

(2.) The writ petition was filed for appointing the appellant herein as Guardian for the person as well as the properties of her husband Thiru.M.Sivakumar, who is currently in a vegetative state. He was in hospital from 13/2/2024 till 4/4/2024. It is stated that the hospital bills have run to several lakhs of rupees. At present, Thiru.Sivakumar is being kept at home and taken care of by the appellant through critical care nurses and a caretaker. The appellant has sought for the aforesaid appointment as guardian so that the petition mentioned immovable property standing in the name of her husband can be disposed of. The learned single Judge took the view that the relief sought for by the appellant cannot be granted in a writ petition under Article 226 of the Constitution of India. Liberty was given to the appellant to approach the jurisdictional Civil Court.

(3.) When the matter was listed on 15/5/2024, the Hon'ble Division Bench directed the petitioner to implead her children born through Thiru Sivakumar. Accordingly, implead petition in C.M.P.No.11127 of 2024 was filed. The writ appeal was taken up for further hearing on 22/5/2024. Both the children viz., S.Durga and S.Akash born to the appellant through her husband Thiru.Sivakumar were present. Both have attained majority. They categorically stated before us that they have no objection for allowing the writ appeal as prayed for. In fact, the appellant's daughter struggled to control her emotions and indicated to the Court that they are presently bereft of any means and that unless their mother is allowed to deal with the property, the family will be in dire straits.