Judgment · High Court

WP No. 12035 of 2026__________Page1 of 7IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 16-04-2026CORAMTHE HON'BLE MR JUSTICE M.DHANDAPANIWP No. 12035 of 20261.J.SivasankariW/o. Jeevanandham, No. 49/1 , GandhiRoad, Anupparpalayam, Tiruppur district, Tamil Nadu 641 6522.J.ArivuselvanS/o. Jeevanandham, No. 49/1 , GandhiRoad, Anupparpalayam, Tiruppur district, Tamil Nadu 641 652..Petitioner(s)Vs1.The State Of Tamil NaduRep. by its Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai 092. The District CollectorKaruppa Gaundanpalayam, Tirupur District, Tamil Nadu 641 6043.The Chief Medical officerGovernment Hospital, Avinashi, Tirupur 641 6544.The TahsildarTirupur North Taluk office, Tirupur https://www.mhc.tn.gov.in/judis WP No. 12035 of 2026__________Page2 of 75. The Sub RegistrarJoint II Tiruppur, Tiruppur District..Respondent(s)Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, to declare the first petitioner Mrs. J.Sivasankari as the guardian of her husband Mr. Jeevanandham S/o. Karuppa Gounder, (alias) Karuppusami gounder, concerning his movable and immovable assets and estate, enabling her to deal with the same in accordance with law. For Petitioner(s):Mr.E.GowthamanFor Respondent(s):Mr.K.Tippu Sulthan, GA for R1 to R4Mrs. Aswini Devi, AGP for R5ORDERThis Writ Petition has been filed seeking to declare the first petitioner Mrs. J.Sivasankari as the guardian of her husband Mr. Jeevanandham S/o. Karuppa Gounder, (alias) Karuppusami gounder, concerning his movable and immovable assets and estate, enabling her to deal with the same in accordance with law.

Heard the learned counsels appearing on either side. In view of the order proposes to be passed in this Writ Petition, WMP.No.13131 of 2026 filed https://www.mhc.tn.gov.in/judis WP No. 12035 of 2026__________Page3 of 7by the petitioners to permit them to file a Single Writ Petition, is allowed subject to payment of separate Court fee.

It is the case of the first petitioner that she is the wife of one Jeevanandham and the second petitioner herein is their son. She filed the present petition to appoint her as guardian as her husband is in a comatose and incapacitated state following a major brain haemorrhage and subsequent surgery. In order to meet out the family needs and medical expenses towards treatment of her husband, she wanted to declare her as guardian to manage both the movable and immovable properties of her husband/ the said Jeevanandham and hence, the present Writ Petition.

When the matter came up for hearing on 01.04.2026, this Court had directed the respondents 3 and 4 to file a status report in regard to the health conditions of the first petitioner’s husband, as well as the legal heirs of Jeevanandham. Pursuant to which, the third respondent filed the medical report dated 10.04.2026, wherein it was stated that the patient is bed ridden and has weakness of both right upper and lower limb with complete loss of power and unable to stand/walk, write or hold.

It is the specific case of the first petitioner that her husband/the said Jeevanandham is in vegetative state and the petitioners herein are the only https://www.mhc.tn.gov.in/judis WP No. 12035 of 2026__________Page4 of 7surviving legal heirs of the said Jeevanandham, which fact has been conceded by the official respondents upon investigation.

In view of the aforesaid facts and also considering the fact that there is no specific provision either under the Guardians and Wards Act, 1890 or under the Mental Health Act, 1987 or under any other statute for appointing legal guardian in respect of a person, who is in a vegetative state, this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India, appoints the first petitioner as the legal guardian of the said Jeevanandham, who is in a vegetative state, in order to deal with the movable and immovable properties and bank account of the said Jeevanandham for the purpose of generating funds to meet the medical and other expenses of the said Jeevanandham and the family needs.

Accordingly, this Court is inclined to dispose of this Writ petition with the following directions:-(i) The first petitioner is hereby appointed as the legal guardian of the said Jeevanandham and she is entitled to deal with the movable and immovable properties and bank accounts standing in the name of the said Jeevanandham, for the purpose of generating funds to meet the medical and other expenses like family needs etc. https://www.mhc.tn.gov.in/judis WP No. 12035 of 2026__________Page5 of 7(ii) Further, the first petitioner is directed to maintain an account in respect of the expenditure incurred by her towards the medical treatment of the said Jeevanandham and also for the basic day-to-day needs of the family in order to prevent any future issues.