Chennai: A woman has approached Madras high court with a rare plea seeking direction to the authorities to appoint her a legal guardian of her husband who has been in coma for nine months.
Justice T. Raja, before whom a petition filed by S. Hamsavathy Varalakshmi of Royapuram came up for hearing, has directed the Dean, Rajiv Gandhi Government Medical College Hospital to depute a civil surgeon to identify the person in coma on the basis of ration card and Aadhar card. The judge also directed the tahsildar, Raja Annamalai Puram to visit the place where the patient is under treatment along with the civil surgeon and file a report.
Hamsavathy and her son S. Krishanth submitted that Sekaran was on a pilgrimage to Sabarimala two years ago. He developed fever and cough and was admitted to a private hospital at Chennai on December 3, 2016.
His condition deteriorated and after a prolong treatment doctors issued a certificate on April 4, 2018, that he is in comatose state for the past six months and is totally paralyzed.
Earlier, her husband and 11 others executed a general power of attorney in favour of Sree Krishna Foundations for developing and selling immovable property measuring 4,808 sq.feet at Royapettah and entered into a joint development agreement.
The property is now fully developed and the project almost completed and reached the stage of selling to third parties.
While so the power agent also expired on March 10, 2018, and the husband of the petitioner who is 1/9th shareholder of the property has been under coma for the past six months.
As a result both the deed of general power of attorney and the deed of joint development have to re-execute in order to sell the finished property. Hence she sought the assistance of the court.
Richardson Wilson, counsel for the petitioner, submitted that Tamil Nadu has not made any laws to ensure that those who go into coma or mentally incapacitated are not left in the lurch, in terms of having a guardian appointed for their longer well-being and care. He said if the petitioner who is the wife of the comatose is not appointed as a legal guardian will be put to grave and irreparable loss.
Hence the counsel sought direction to secretary, health and family welfare, district collector, Chennai, tahsildar, Raja Annamalai Puram, secretary, commercial taxes, registration and stamps Act department to recognize the petitioner as a legal guardian of comatose and as a manger of his properties and also direct the authorities to permit her to execute and register deeds of the properties of her husband.
