High Court of KeralaSingle JudgePetition allowed; 1st petitioner declared guard...

Dr. Jeeji Palocaren and others v. State of Kerala and others

Case / Petition Number:WP(C) NO. 39427 OF 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2023-12-08
Court Decision / Holding
The writ petition is allowed. The court declared that the 1st petitioner (wife of the patient) shall be construed as the guardian for all purposes in relation to the patient.
Final Disposition
Petition allowed; 1st petitioner declared guardian for all purposes

Parties to the Case

Appellants / Petitioners

  • Dr. Jeeji Palocaren
  • Julu Beth Katticaran
  • Joel Joseph Katticaran

Respondents

  • State of Kerala represented by the Secretary to Government, Department of Health and Family Welfare, Government Secretariat, Thiruvananthapuram
  • The District Collector, Collectorate, Kakkanad, Ernakulam, Kerala
  • The District Medical Officer, District Medical Office, Park Avenue, Ernakulam
  • The Superintendent General Hospital, Ernakulam
  • Jovie Katticaran
  • The Principal Secretary, Revenue Department, Government of Kerala
  • The Revenue Divisional Officer (Fort Kochi), Revenue Division Office, Kochi
  • The Tahsildar, Kanayannur Taluk, Ernakulam
  • Kochi Municipal Corporation
  • Thrikkakara Municipality
  • South Indian Bank, Ernakulam
  • Axis Bank, Vytilla Branch
  • HDFC Bank, Ravipuram Branch

Legal Representation & Advocates

Counsels for Petitioners

  • • Santosh Mathew Arun
  • • Veena Raveendran
  • • Anil Sebastian Pulickel
  • • Shinto Mathew
  • • Abraham Mathew
  • • Nevin Thomas
  • • Karthik Rajagopal Kurian Antony Mathew

Counsels for Respondents

  • • K. Janardhana Shenoy
  • • S. Jamal
  • • Sunil Shankar A
  • • Vidya Gangadharan

Case Synopsis & Summary

Dr. Jeeji Palocaren and her co-petitioners petitioned under parens patriae to appoint a guardian for the first petitioner’s husband, who, following an accident on 09.02.2023, has been in a vegetative, non-communicative state and utterly dependent on others for daily functioning. They argued that the husband is incapable of taking any decision, and therefore there is a need for a legally recognized guardian to manage his personal and medical affairs. Relying on the Division Bench decision in Shobha Gopalakrishnan v. State of Kerala (2019), they pressed for urgent adjudication by this Court. An interim order on 28.11.2023 directed the government to obtain instructions and for the 4th respondent to constitute a Medical Board to evaluate the patient, with the patient to be brought to the General Hospital for examination on 05.12.2023, and a report to be submitted on the next posting date. On 08.12.2023, the Medical Board certificate was placed on record by the Government Pleader, confirming that the husband remains non-responsive, with only spontaneous eye-opening and primitive reflexes, and with muscular wasting, rendering him incapable of decision‑making. Relying on this certificate and the earlier precedent, the Court allowed the petition and declared the first petitioner as guardian for all purposes. The order thus safeguards the patient’s welfare under a legally recognized guardian.

Provisions of Law Cited

Parens patriae jurisdiction

Legal Doctrines & Maxims

  • Parens patriae

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the husband’s vegetative state makes him incapable of decision-making and that, as his wife and children, they are the natural guardians under parens patriae. They relied on the medical evidence showing non-responsiveness and the need to manage his welfare and affairs, including medical treatment and finances. They invoked the court’s parens patriae jurisdiction and cited the Shobha Gopalakrishnan decision to justify urgent guardianship, pressing for a formal appointment of a guardian for all purposes and for the protection of the patient’s interests.

Contentions of Respondents

The respondents, through the Government Pleader, supported a measured approach beginning with an objective medical evaluation. They produced the Medical Board certificate confirming the patient’s non-responsiveness and the lack of decision-making capacity, and the court’s interim order directing evaluation. The respondents’ position framed guardianship as contingent on medical assessment and judicial authorization, with reliance on the Medical Board’s findings to inform the court’s final decision.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Shobha Gopalakrishnan v. State of Kerala2019 SCC Online Ker 739PositiveCited as authority for invoking parens patriae and for entitling guardianship in cases of incapacitated persons, forming the basis for the Court’s decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 8[TH] DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945 WP(C) NO. 39427 OF 2023** ## **PETITIONERS:** - **1 DR. JEEJI PALOCAREN AGED 63 YEARS W/O. DR. JOSEPH GEORGE KATTICARAN, THE HERITAGE, 29/725 A, JANATHA ROAD, VYTILLA, ERNAKULAM, KERALA, PIN - 682019** - **2 JULU BETH KATTICARAN AGED 31 YEARS D/O. DR. JOSEPH GEORGE KATTICARAN, THE HERITAGE, 29/725 A, JANATHA ROAD, VYTILLA, ERNAKULAM, KERALA, PIN - 682019** - **3 JOEL JOSEPH KATTICARAN AGED 28 YEARS S/O. DR. JOSEPH GEORGE KATTICARAN, THE HERITAGE, 29/725 A, JANATHA ROAD, VYTILLA, ERNAKULAM, KERALA, PIN - 682019** **BY ADVS. SANTHOSH MATHEW ARUN THOMAS VEENA RAVEENDRAN ANIL SEBASTIAN PULICKEL SHINTO MATHEW ABRAHAM MATHEW NEVIN THOMAS KARTHIK RAJAGOPAL KURIAN ANTONY MATHEW** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **2 THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM, KERALA, PIN - 682030** - **3 THE DISTRICT MEDICAL OFFICER DISTRICT MEDICAL OFFICE, PARK AVENUE, ERNAKULAM,** **WP(C) NO. 39427 OF 2023** **2** **KERALA, PIN - 682011** - **4 THE SUPERINTENDENT GENERAL HOSPITAL, ERNAKULAM, HOSPITAL ROAD, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011** - **5 JOVIE KATTICARAN D/O. DR. JOSEPH GEORGE KATTICARAN, 2007 ELM GROVE CT, MANVEL, TEXAS, UNITED STATES OF AMERICA, PIN - 77578** - **6 THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** - **7 THE REVENUE DIVISIONAL OFFICER (FORT KOCHI) REVENUE DIVISION OFFICE, K.B. JACOB ROAD, FORT KOCHI, KOCHI, KERALA, PIN - 682001** - **8 THE TAHSILDAR KANAYANNUR TALUK, KANAYANNUR TALUK OFFICE, ERNAKULAM, KERALA, PIN - 682011** - **9 KOCHI MUNICIPAL CORPORATION PB NO. 1016, ERNAKULAM, KERALA, REPRESENTED BY ITS SECRETARY, PIN - 682011** - **10 THRIKKAKARA MUNICIPALITY THRIKKAKARA P.O., ERNAKULAM, KERALA, REPRESENTED BY ITS SECRETARY, PIN - 682030** - **11 SOUTH INDIAN BANK ERNAKULAM TOC-H SCHOOL ROAD BRANCH, DOOR NO. 364B, WARD NO. 52, TALBOT CENTRE, TOC-H SCHOOL ROAD, VYTILLA P.O., ERNAKULAM, KERALA, REPRESENTED BY ITS BRANCH MANAGER, PIN - 682019** - **12 AXIS BANK VYTILLA BRANCH, 51/18/1, GROUND FLOOR, KOLLAMKUZHI ARCADE, NEAR NH BYPASS SIGNAL, VYTILLA, ERNAKULAM, KERALA, REPRESENTED BY ITS BRANCH MANAGER, PIN - 682019** - **13 HDFC BANK** - **RAVIPURAM BRANCH, GROUND FLOOR, ELMAR SQUARE, MG ROAD, RAVIPURAM, ERNAKULAM, KERALA, REPRESENTED BY ITS BRANCH MANAGER, PIN - 682016** **BY ADVS.** **K. JANARDHANA SHENOY S.JAMAL Sunil Shankar A VIDYA GANGADHARAN(K/000424/2020)** **WP(C) NO. 39427 OF 2023** **3** **JERIN GEORGE(K/863/2023) DEVAYANI NAIR T.H.(K/1531/2019) MADHU RADHAKRISHNAN** **SMT VIDYA KURIAKOSE-GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 39427 OF 2023** **4** ## **JUDGMENT** The petitioners say that the husband of first among them and the father of 2[nd] and 3[rd] , unfortunately met with an accident on 09.02.2023, reducing him to a vegetative state; completely bed bound; unable to communicate; nonresponsive to commands or his surroundings; and thus dependent on others, even for the most basic daily activities. They say that unfortunately, he is not in a position to take any decision, or to manage his affairs; and hence, that they have been constrained to approach this Court, invoking the _parens patriae_ jurisdiction, relying upon the judgment delivered by a learned Division Bench of this Court in **Shobha Gopalakrishnan v. State of Kerala [2019 SCC OnLine Ker 739].** 2. Noticing the afore submissions of Sri.Anil Sebastian Pulickel - learned counsel for the petitioners, this Court passed an interim order on 28.11.2023 to the following effect: “The learned Government Pleader will obtain instructions. In the meanwhile, the 4[th] respondent will constitute a suitable Board to evaluate the condition of the patient and file a report before this Court; for which purpose, with the consent of the petitioners, I order that the patient be brought to the General **WP(C) NO. 39427 OF 2023** **5** Hospital, Ernakulam at 11:00 A.M on 05.12.2023. A report regarding the condition of the patient will be placed before this Court by the next posting date. Post on 08.12.2023”. 3. Today, Smt.Vidya Kuriakose – learned Government Pleader has produced the Certificate of the Medical Board; she confirmed that patient is in non - responsive situation even to external stimuli. 4. I have examined the Certificate of the Medical Board, which states very clearly that husband of the 1[st] petitioner _“is not verbalising, not obeying to any commands, though there is spontaneous eye opening with occasional tracking and primitive reflexes present_ ” (sic). It also says that his muscles have been generally wasted and hence, that he is not in a position to take any decision on his own. 5. The learned counsel for the petitioners confirmed that he has already received a copy of the Medical Board Certificate. 6. Taking note of the afore Certificate of the Medical Board – which has also been produced on record by the learned Government Pleader, through her memo dated 28.11.2023 and the urgency projected by the petitioners, I **WP(C) NO. 39427 OF 2023** **6** deem it necessary and appropriate to allow this Writ Petition, based on **Shobha Gopalakrishnan** (supra). In the afore circumstances, this Writ Petition is allowed and it is declared that 1[st] petitioner, wife of Dr.Joseph, will hereby construe to be his guardian for all purposes. **Sd/- DEVAN RAMACHANDRAN, JUDGE** lsn **WP(C) NO. 39427 OF 2023** **7** ## **APPENDIX OF WP(C) 39427/2023** ## **PETITIONER EXHIBITS** - **Exhibit P1 TRUE COPY OF FIR NO. 357 OF 2023 REGISTERED IN ERNAKULAM TOWN SOUTH POLICE STATION** **Exhibit P2 TRUE COPY OF THE REPORT DATED 21.07.2023 ISSUED BY DR. SANJITH AARON, HEAD, DEPARTMENT OF NEUROLOGICAL SCIENCES, CHRISTIAN MEDICAL COLLEGE HOSPITAL, VELLORE** - **Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMARY OF DR. JOSEPH PREPARED BY THE PHYSICAL MEDICINE AND REHABILITATION UNIT OF CHRISTIAN MEDICAL COLLEGE HOSPITAL, VELLORE** - **Exhibit P4 TRUE COPY OF THE INPATIENT BILL DATED 07.03.2023 ISSUED BY MEDICAL TRUST HOSPITAL, ERNAKULAM** - **Exhibit P5 TRUE COPY OF THE DISCHARGE BILL DATED 01.05.2023 ISSUED BY MOSC MEDICAL COLLEGE HOSPITAL** - **Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT NO. KL07022009851/2022 DATED 18.06.2022 OF POONITHURA VILLAGE** - **Exhibit P7 TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 03/12202108184 DATED 18.06.2022 OF KOCHI MUNICIPAL CORPORATION** - **Exhibit P8 TRUE COPY OF THE PROPERTY TAX RECEIPT NO. 01/122330104793 DATED 18.06.2022 OF THRIKKAKARA MUNICIPALITY** - **Exhibit P9 TRUE COPY OF THE SALE DEED DATED 25.01.1997 AS PER WHICH DR. JOSEPH BECAME THE OWNER OF 0.7604% UNDIVIDED SHARE OVER THE LAND ON WHICH THE FLAT IS CONSTRUCTED** - **Exhibit P10 TRUE COPY OF THE LAND TAX RECEIPT NO. KL07021813990/2022 DATED 18.06.2022 OF THRIKKAKARA NORTH VILLAGE** - **Exhibit P11** - **TRUE COPY OF PARTITION DEED NO. 1/775/95 DATED 08.02.1995 OF ERNAKULAM** **WP(C) NO. 39427 OF 2023** **8** ## **SRO** **Exhibit P12 TRUE COPY OF THE TERM DEPOSIT ADVICE FOR THE FIXED DEPOSIT DEPOSITED FOR THE PERIOD 18.10.2021 TO 18.07.2024** **Exhibit P13 TRUE COPY OF THE BLANK CHEQUE OF SB ACCOUNT NO. 914010006846058 IN THE VYTILLA, KOCHI BRANCH OF AXIS BANK** **Exhibit P14 TRUE COPY OF THE RELEVANT PAGE OF THE PASSBOOK OF SB ACCOUNT NO. 59116322222222 IN THE RAVIPURAM BRANCH OF HDFC BANK** **Exhibit P15 TRUE COPY OF THE RELEVANT PAGE OF THE PASSBOOK OF SB ACCOUNT NO. 00201300000398 IN THE RAVIPURAM BRANCH OF HDFC BANK** ## **RESPONDENTS EXHIBITS: NIL** **TRUE COPY** **P.A TO JUDGE** ## **LSN**