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Judgment
O R D E R
This Original Petition has been filed by the petitioners, Mr. Mahadevan Pavan Kumar and Mrs. Lakshmi Pavan Kumar, under Clause 17 of the Letters Patent, seeking their appointment as guardians of the person and property of their son, Mr. P. Arvind Mahadevan, and for consequential powers to manage and administer his movable and immovable properties and financial affairs.
The petitioners are the parents of the said P. Arvind Mahadevan, aged about 32 years, who is a person with Down Syndrome and 65% permanent disability. According to the petitioners, by reason of such disability, he is incapable of independently managing his personal, financial and property affairs and requires continuous care and supervision.
The petitioners have already been appointed as guardians of the Ward under Guardianship Certificate No.721 dated 29.02.2016 issued by the Local Level Committee under the National Trust Act. The said certificate authorises them in relation to the Ward's maintenance and residential care and management of his movable and immovable properties. The proceedings dated 16.02.2022 of the District Differently Abled Welfare Officer, Chennai, also recognise their authority to act on behalf of the Ward in relation to his movable and immovable properties.
The Ward holds an undivided share in the Schedule property. The petition discloses that consequent upon the settlement deeds executed by the first petitioner, the first petitioner holds 30%, the second petitioner 24%, the Ward 22% and their daughter P. Sai Krithika 24% in the property.
The second petitioner was examined as P.W.1 on 14.08.2026 and Exs.P1 to P13 were marked. The exhibits include the Disability Certificate, Guardianship Certificate, proceedings of the District Differently Abled Welfare Officer, settlement deeds, patta, Joint Development Agreement and paper publications. General publication was effected in the Tamil daily “Makkal Kural” and the English daily “Trinity Mirror” on 27.06.2026.
On consideration of the pleadings and the oral and documentary evidence, this Court is satisfied that the Ward requires continuing assistance in the management of his person and properties and that the petitioners, being his parents and the existing guardians, as fit and proper persons to be appointed as guardians of his person and property.
Accordingly, the petitioners, Mr.Mahadevan Pavan Kumar and Mrs.Lakshmi Pavan Kumar, are appointed as guardians of the person and property of Mr. P. Arvind Mahadevan.
The petitioners are permitted to manage, administer, protect and preserve the Ward's movable and immovable properties; provide for his maintenance, residence, medical treatment and welfare; operate his bank accounts, deposits and investments; collect rents and other income; apply for and receive Government benefits and entitlements; and institute, defend or otherwise conduct proceedings on his behalf.
The petitioners shall not sell, mortgage, gift, exchange, transfer, alienate, encumber or create any charge over the Ward's share or interest in any immovable property without obtaining the prior permission of this Court.
The Original Petition is allowed in the above terms. No costs.
Petitioners' witness:
P.W.1 – Lakshmi Pavan Kumar