Sainaba vs Revenue Divisional Officer

Sathish Ninan, J.

The son of the petitioner is a mentally retarded person. Ext.P2 is the certificate issued by the Medical Board in the said regard. As per Ext.P7 dated 20.12.2014, the petitioner was appointed as guardian of the son under the National Trust Act. For the purpose of execution of a conveyance with regard to the share of the son over a property that belong to the family, the petitioner seeks sanction from the local level committee constituted under the National Trust Act. Ext.P6 is the application filed by the petitioner under Section 14 of the National Trust Act in the said regard.

Though the National Trust Act does not in explicit terms provide for the consideration of request by a guardian to deal with the property of the subject, this  Court  in  K.Sabarinathan v. District Collector, Palakkad [2021 (5) KHC 651] has declared that the local level committee constituted under the Act has power to consider such request.

The petitioner having been appointed as guardian of her son in terms of the National Trust Act as per Ext.P7, the request made by the petitioner before the committee as per Ext.P6 application is liable to be considered on its merits and appropriate orders passed.

Accordingly, affirming that the local level committee under the National Trust Act, of which the additional 5th respondent is the Chairman, has authority to consider Ext.P6 application, it is ordered that, the local level committee shall consider Ext.P6 application on its merits, grant an opportunity of hearing to the petitioner and pass appropriate orders thereon. Let orders be passed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment.