Kerala High Court
Prathibha P. Shenoy vs The State Of Kerala on 24 March, 2023
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 34107 OF 2022
PETITIONER:
PRATHIBHA P. SHENOY
W/O. LATE PRABODH M. SHENOY, AAGED 52, OPP: SRI KASHISADAN,
MAROOR'S COMPOUND, D 12/1/104, DONGERKERY ROAD, (ASRP ROAD),
MANGALORE, DAKSHINA KANNADA 575 003, KARNATAKA STATE.
BY ADVS.
R.LAKSHMI NARAYAN
R.RANJANIE
PARVATI M. PAI
NEVIL ZACHARIA MATHEW
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695001
2 THE DISTRICT COLLECTOR AND CHAIRMAN
NATIONAL TRUST LOCAL LEVEL COMMITTEE, COLLECTORATE,
COLLECTORATE RD, THAVAKKARA, KANNUR- 670002.
3 THE NATIONAL TRUST LOCAL LEVEL COMMITTEE,
COLLECTORATE, COLLECTORATE RD, THAVAKKARA, KANNUR- 670002,
REPRESENTED BY ITS CHAIRMAN.
* ADDL. RESPONDENTS 4 TO 7
ADDL. R4 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF SOCIAL JUSTICE AND
EMPOWERMENT, SHASTRI BHAWAN, C-WING, DR. RAJENDRA PRASAD
ROAD, NEW DELHI - 110011
ADDL. R5 NATIONAL TRUST FOR THE WELFARE OF PERSONS WITH AUTISM
CEREBRAL PALSY MENTAL RETARDATION AND MULTIPLE DISABILITIES,
GOVERNMENT OF INDIA, REPRESENTED BY ITS CEO, 16B, BADA BAZAR
ROAD, OLD RAJINDER NAGAR, NEW DELHI - 110060.
WP(C) NO. 34107 OF 2022 -2-
ADDL. R6 THE LOCAL LEVEL COMMITTEE,
DAKSHINA KANNADA, OFFICE OF THE DEPUTY COMMISSIONER, NEAR
STATE BANK, DAKSHINA KANNADA, MANGALURU REPRESENTED BY ITS
CHAIRMAN
ADDL. R7 SEVA BHARATHI
MANGALURU (REGISTRATION NO. 119) BALAMARUTHI VYAYAMA MANDALA
VITOBA TEMPLE ROAD, MANGALURU - 575001.
* [ADDL. R4 TO R7 ARE IMPLEADED VIDE ORDER DATED 12/01/2023 IN IA 1/22 IN WP(C)]
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.V.SREE VINAYAKAN
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY
OTHER PRESENT:
SHRI.N.MANOJ KUMAR, STATE ATTORNEY. K.R.RANJITH, GOVERNMENT
PLEADER WITH STATE ATTORNEY. SRI. V. RAMKUMAR NAMBIAR (AMICUS
CURIAE). SMT. SATHYA SREEPRIYA (AMICUS CURIAE). KUM. S.
KRISHNA (ADVOCATE BY COURT ORDER)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.34107 of 2022
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Dated this the 24th day of March, 2023
J U D G M E N T
The petitioner is a widow. Her only child, aged 24 years, suffers from intellectual disability. The petitioner has been appointed as his guardian under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (hereinafter referred to as "the Act"). Ext.P2 is the certificate. The present issue relates to conveying of the petitioner's son's share in an immovable property.
2. Under Ext.P3 Partition Deed No.2587 dated 27.06.1984 of Kannur Sub Registry Office, the petitioner and her son are entitled to 1/8 th shares each in the property dealt with therein. The petitioner and her son are residing at Mangalore and the property is at Kannur. Since the petitioner is not in a position to look after W.P.(C) No.34107 of 2022 -: 2 :- the property, she released her 1/8th shares in favour of her brother-in-law for consideration. The 1/8 th share held by her son also needs to be transferred to the same person for consideration.
3. Seeking permission to execute conveyance in respect of the share of the petitioner's son, the petitioner, as the guardian, approached the Local Level Committee at Mangalore. The request was declined. Thereupon, the petitioner approached the Local Level Committee at Kannur. The Local Level Committee rejected the request as per Ext.P7 order since the order of guardianship was by the Local Level Committee at Mangalore. It is in the said circumstances that the petitioner has approached this Court.
4. Pending the writ petition, the leaned Central Government Counsel took up the matter with the Local level Committee at Mangalore. Taking note of the fact that the property is situated within the jurisdiction of the Local Level Committee at Kannur, the Local Level W.P.(C) No.34107 of 2022 -: 3 :- Committee at Mangalore has issued a communication dated 17.03.2023 stating that, since the property is situated at Kannur the Local Level Committee at Kannur could entertain the petition and pass appropriate orders. A copy of the said communication has been produced by the learned Central Government Counsel as Annexure-4(b). In Annexure-4(b), it is suggested that the sale proceeds could be deposited in a fixed deposit in the name of the petitioner's son.
5. In K. Sabarinathan v. District Collector Palakkad, ILR 2021 (4) Kerala 726, this Court has held that the Local Level Committee could grant permission to deal with the property of a person covered under the Act through the guardian appointed thereunder, on conditions sufficient to protect the interests of the concerned.
In the light of the above, it is ordered that the National Trust Local Level Committee, Kannur - third respondent, headed by the second respondent, shall consider the petitioner's application to sell the W.P.(C) No.34107 of 2022 -: 4 :- undivided share of the property of her son referred to supra, notwithstanding Ext.P7 communication dated 06.08.2022, in accordance with law, and pass appropriate orders. Let the order be passed within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF WP(C) 34107/2022 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF CERTIFICATE DATED 13.7.2021, ISSUED BY THE WENLOCK DISTRICT HOSPITAL, MANGALORE EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE DATED 27.07.2021, ISSUED BY THE LOCAL LEVEL COMMITTEE, NATIONAL TRUST, MANGALORE EXHIBIT P3 THE TRUE COPY OF THE REGISTERED PARTITION DEED BEARING NO. 2587/84 OF SRO, KANNUR DATED 27.6.1984 EXHIBIT P4 THE TRUE COPY OF THE THE LETTER DATED 2.12.2021, ADDRESSED TO THE DISTRICT DISABLED WELFARE OFFICER, DEPARTMENT OF EMPOWERMENT OF DIFFERENTLY ABLED CHILDREN AND SENIOR CITIZEN, DAKSHINA KANNADA DISTRICT, ZILLA PANCHAYATH, KOTTARA, MANGALORE EXHIBIT P5 THE TRUE COPY OF THE LEGAL OPINION DATED 1.12.2021 ISSUED BY SMT. PUSHPALATHA, ADVOCATE, LOCAL LEVEL COMMITTEE.
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION DATED 25.3.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE REJECTION LETTER DATED 6.8.2022 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P8 THE TRUE COPY OF THE RELEASE DEED DOCUMENT NO 3319/1/2021 DATED 27.12.2021 OF SRO, KANNUR. EXHIBIT P9 THE TRUE COPY OF THE APPLICATION DATED 5.7.2021, SUBMITTED BY THE PETITIONER. EXHIBIT P10 THE TRUE COPY OF THE APPLICATION DATED 11.11.2021 EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT DATED 23.09.2021 IN WPC NO.15402/2021 OF THIS HON'BLE COURT.
RESPONDENT ANNEXURES APPENDIX-W.P.(C) No.34107 of 2022 -2- ANNEXURE R4(A) A TRUE COPY OF THE LETTER ISSUED BY THE COORDINATOR, SNAC, KERALA DATED 24.02.2023 ANNEXURE R4(B) A TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT COMMISSIONER AND CHAIRMAN OF LOCAL LEVEL COMMITTEE, D K DISTRICT, MANGALORE DATED 17.03.2023
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