High Court of KeralaSingle Judge2023-03-24Disposed of with directions; Kannur Local Level...

Prathibha P. Shenoy v. The State of Kerala & Others

Case / Petition Number:WP(C) No. 34107 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sathish Ninan
Judgment Date: 2023-03-24
Court Decision / Holding: National Trust Local Level Committee, Kannur (third respondent), headed by the second respondent, shall consider the petitioner's application to sell the undivided share of her son's property referred to supra, notwithstanding Ext.P7 communication dated 06.08.2022, in accordance with law, and pass appropriate orders. Let the order be passed within a period of three months from the date of receipt of a copy of this judgment.
Final Disposition: Disposed of with directions; Kannur Local Level Committee to entertain and pass appropriate orders within three months.

Parties to the Case

Appellants / Petitioners

Prathibha P. Shenoy

Respondents

The State of Kerala represented by its Chief Secretary to Government
The District Collector and Chairman National Trust Local Level Committee, Kannur
The National Trust Local Level Committee, Kannur
Union of India represented by the Secretary, Ministry of Social Justice and Empowerment
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Government of India, represented by its CEO
The Local Level Committee, Dakshina Kannada
Seva Bharathi Mangluru

Legal Representation & Advocates

Counsels for Petitioners

• R. Lakshmi Narayan
• R. Ranjanie Parvati M. Pai
• Nevil Zacharia Mathew

Counsels for Respondents

• K.V. Sree Vinayakan
• N. Manoj Kumar
• K.R. Ranjith

Case Synopsis & Summary

Prathibha P. Shenoy, a widow, is guardian of her 24-year-old intellectually disabled son under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. The core issue is whether she may convey her son's undivided 1/8 share in a Kannur immovable property, pursuant to a 1984 partition deed that allotted 1/8 to each co-owner. The petitioner had earlier released her own 1/8 share to her brother-in-law; now the son’s 1/8 share also needs transfer. The Local Level Committee (LLC) at Mangalore declined the request, prompting her to seek relief from the LLC at Kannur. Central Government counsel advised that since the property lies in Kannur, the Kannur LLC could entertain the petition and pass orders, with Annexure-4(b) suggesting sale proceeds could be deposited in a fixed deposit in the ward’s name. The Court cites K. Sabarinathan v. District Collector Palakkad, ILR 2021 (4) Kerala 726, to emphasize that LLCs may permit dealing with a ward’s property under guardianship, subject to safeguarding conditions. In result, the Court directs the Kannur LLC to entertain the petition and pass appropriate orders in accordance with law, notwithstanding Ext.P7, and to do so within three months from receipt of a copy of this judgment.

Provisions of Law Cited

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner seeks permission to convey her son's undivided 1/8 share in a Kannur immovable property, under her guardianship under the National Trust Act. The Local Level Committee at Mangalore declined the request, but Kannur LLC has jurisdiction since the property lies in Kannur. Annexure-4(b) proposes that sale proceeds could be deposited in a fixed deposit in the ward's name. The Petitioner relies on Kerala High Court guidance (K. Sabarinathan v. District Collector Palakkad) that LLCs can permit dealing with a ward’s property under guardianship with safeguards to protect the ward’s interests. The petitioner urges the court to direct Kannur LLC to entertain the petition and pass orders in accordance with law without further delay, so as to secure the ward’s welfare and avoid piecemeal litigation.

Contentions of Respondents

The respondents contend that Kannur LLC has proper jurisdiction since the property is located in Kannur and that past orders of the Mangalore LLC cannot obstruct Kannur’s authority. They stress that the petition must be processed under the National Trust Act with appropriate safeguards for the ward’s interests, and that any sale proceeds should be handled lawfully (e.g., fixed deposits). They rely on the need to respect guardianship orders and to ensure consistency of orders across Local Level Committees. Overall, they assert that Kannur LLC should entertain and decide the petition in due course, after applying the statutory safeguards and jurisdictional correctness.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
K. Sabarinathan v. District Collector Palakkad	ILR 2021 (4) Kerala 726	Positive	Court relies on this Kerala High Court decision to affirm that LLCs may permit dealing with a ward’s property under guardianship, subject to protective conditions.
W.P.C. 15402/2021	—	Mentioned Only	Exhibit P11; judgment in WPC 15402/2021 is appended; not explicitly discussed in reasoning.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Prathibha P. Shenoy v. The State of Kerala & Others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **FRIDAY, THE 24[TH] DAY OF MARCH 2023 / 3RD CHAITHRA, 1945** ## **WP(C) NO. 34107 OF 2022** ## **PETITIONER:** PRATHIBHA P. SHENOY W/O. LATE PRABODH M. SHENOY, AAGED 52, OPP: SRI KASHISADAN, MAROOR'S COMPOUND, D 12/1/104, DONGERKERY ROAD, (ASRP ROAD), MANGALORE, DAKSHINA KANNADA 575 003, KARNATAKA STATE. BY ADVS. R.LAKSHMI NARAYAN R.RANJANIE PARVATI M. PAI NEVIL ZACHARIA MATHEW ## **RESPONDENTS:** 1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001 2 THE DISTRICT COLLECTOR AND CHAIRMAN NATIONAL TRUST LOCAL LEVEL COMMITTEE, COLLECTORATE, COLLECTORATE RD, THAVAKKARA, KANNUR- 670002. 3 THE NATIONAL TRUST LOCAL LEVEL COMMITTEE, COLLECTORATE, COLLECTORATE RD, THAVAKKARA, KANNUR- 670002, REPRESENTED BY ITS CHAIRMAN. ## *** ADDL. RESPONDENTS 4 TO 7** ADDL. R4 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, SHASTRI BHAWAN, C-WING, DR. RAJENDRA PRASAD ROAD, NEW DELHI - 110011 ADDL. R5 NATIONAL TRUST FOR THE WELFARE OF PERSONS WITH AUTISM CEREBRAL PALSY MENTAL RETARDATION AND MULTIPLE DISABILITIES, GOVERNMENT OF INDIA, REPRESENTED BY ITS CEO, 16B, BADA BAZAR ROAD, OLD RAJINDER NAGAR, NEW DELHI - 110060. **WP(C) NO. 34107 OF 2022 -2-** ADDL. R6 THE LOCAL LEVEL COMMITTEE, DAKSHINA KANNADA, OFFICE OF THE DEPUTY COMMISSIONER, NEAR STATE BANK, DAKSHINA KANNADA, MANGALURU REPRESENTED BY ITS CHAIRMAN ADDL. R7 SEVA BHARATHI MANGALURU (REGISTRATION NO. 119) BALAMARUTHI VYAYAMA MANDALA VITOBA TEMPLE ROAD, MANGALURU - 575001. ## *** [ADDL. R4 TO R7 ARE IMPLEADED VIDE ORDER DATED 12/01/2023 IN IA 1/22 IN WP(C)]** BY ADVS. ADVOCATE GENERAL OFFICE KERALA K.V.SREE VINAYAKAN SHRI.N.MANOJ KUMAR, STATE ATTORNEY K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY ## **OTHER PRESENT:** SHRI.N.MANOJ KUMAR, STATE ATTORNEY. K.R.RANJITH, GOVERNMENT PLEADER WITH STATE ATTORNEY. SRI. V. RAMKUMAR NAMBIAR (AMICUS CURIAE). SMT. SATHYA SREEPRIYA (AMICUS CURIAE). KUM. S. KRISHNA (ADVOCATE BY COURT ORDER) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) No.34107 of 2022** **= = = = = = = = = = = = = = = = = = Dated this the 24[th] day of March, 2023** ## **J U D G M E N T** The petitioner is a widow. Her only child, aged 24 years, suffers from intellectual disability. The petitioner has been appointed as his guardian under the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (hereinafter referred to as “the Act”). Ext.P2 is the certificate. The present issue relates to conveying of the petitioner's son's share in an immovable property. 2. Under Ext.P3 Partition Deed No.2587 dated 27.06.1984 of Kannur Sub Registry Office, the petitioner and her son are entitled to 1/8[th] shares each in the property dealt with therein. The petitioner and her son are residing at Mangalore and the property is at Kannur. Since the petitioner is not in a position to look after **W.P.(C) No.34107 of 2022** **==> picture [34 x 9] intentionally omitted <==** the property, she released her 1/8[th] shares in favour of her brother-in-law for consideration. The 1/8[th] share held by her son also needs to be transferred to the same person for consideration. 3. Seeking permission to execute conveyance in respect of the share of the petitioner's son, the petitioner, as the guardian, approached the Local Level Committee at Mangalore. The request was declined. Thereupon, the petitioner approached the Local Level Committee at Kannur. The Local Level Committee rejected the request as per Ext.P7 order since the order of guardianship was by the Local Level Committee at Mangalore. It is in the said circumstances that the petitioner has approached this Court. 4. Pending the writ petition, the leaned Central Government Counsel took up the matter with the Local level Committee at Mangalore. Taking note of the fact that the property is situated within the jurisdiction of the Local Level Committee at Kannur, the Local Level ## **W.P.(C) No.34107 of 2022** -: 3 :- Committee at Mangalore has issued a communication dated 17.03.2023 stating that, since the property is situated at Kannur the Local Level Committee at Kannur could entertain the petition and pass appropriate orders. A copy of the said communication has been produced by the learned Central Government Counsel as Annexure-4(b). In Annexure-4(b), it is suggested that the sale proceeds could be deposited in a fixed deposit in the name of the petitioner's son. 5. In _**K. Sabarinathan v. District Collector Palakkad, ILR 2021**_ _**(4) Kerala 726**_ , this Court has held that the Local Level Committee could grant permission to deal with the property of a person covered under the Act through the guardian appointed thereunder, on conditions sufficient to protect the interests of the concerned. In the light of the above, it is ordered that the National Trust Local Level Committee, Kannur – third respondent, headed by the second respondent, shall consider the petitioner's application to sell the **W.P.(C) No.34107 of 2022** **==> picture [34 x 9] intentionally omitted <==** undivided share of the property of her son referred to supra, notwithstanding Ext.P7 communication dated 06.08.2022, in accordance with law, and pass appropriate orders. Let the order be passed within a period of three months from the date of receipt of a copy of this judgment. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 34107/2022** ## PETITIONER EXHIBITS |EXHIBIT P1|THE TRUE COPY OF CERTIFICATE DATED 13.7.2021,| |---|---| ||ISSUED BY THE WENLOCK DISTRICT HOSPITAL,| ||MANGALORE| |EXHIBIT P2|THE TRUE COPY OF THE CERTIFICATE DATED| ||27.07.2021, ISSUED BY THE LOCAL LEVEL| ||COMMITTEE, NATIONAL TRUST, MANGALORE| |EXHIBIT P3|THE TRUE COPY OF THE REGISTERED PARTITION| ||DEED BEARING NO. 2587/84 OF SRO, KANNUR DATED| ||27.6.1984| |EXHIBIT P4|THE TRUE COPY OF THE THE LETTER DATED| ||2.12.2021, ADDRESSED TO THE DISTRICT DISABLED| ||WELFARE OFFICER, DEPARTMENT OF EMPOWERMENT OF| ||DIFFERENTLY ABLED CHILDREN AND SENIOR| ||CITIZEN, DAKSHINA KANNADA DISTRICT, ZILLA| ||PANCHAYATH, KOTTARA, MANGALORE| |EXHIBIT P5|THE TRUE COPY OF THE LEGAL OPINION DATED| ||1.12.2021 ISSUED BY SMT. PUSHPALATHA,| ||ADVOCATE, LOCAL LEVEL COMMITTEE.| |EXHIBIT P6|THE TRUE COPY OF THE APPLICATION DATED| ||25.3.2022 SUBMITTED BY THE PETITIONER BEFORE| ||THE 2ND RESPONDENT.| |EXHIBIT P7|THE TRUE COPY OF THE REJECTION LETTER DATED| ||6.8.2022 ISSUED BY THE 2ND RESPONDENT.| |EXHIBIT P8|THE TRUE COPY OF THE RELEASE DEED DOCUMENT NO| ||3319/1/2021 DATED 27.12.2021 OF SRO, KANNUR.| |EXHIBIT P9|THE TRUE COPY OF THE APPLICATION DATED| ||5.7.2021, SUBMITTED BY THE PETITIONER.| |EXHIBIT P10|THE TRUE COPY OF THE APPLICATION DATED| ||11.11.2021| |EXHIBIT P11|THE TRUE COPY OF THE JUDGMENT DATED| ||23.09.2021 IN WPC NO.15402/2021 OF THIS| ||HON'BLE COURT.| |RESPONDENT ANNEXURES|| APPENDIX- **W.P.(C) No.34107 of 2022** -2- ANNEXURE R4(A) A TRUE COPY OF THE LETTER ISSUED BY THE COORDINATOR, SNAC, KERALA DATED 24.02.2023 ANNEXURE R4(B) A TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT COMMISSIONER AND CHAIRMAN OF LOCAL LEVEL COMMITTEE, D K DISTRICT, MANGALORE DATED 17.03.2023 -----