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Amal Nikethan Convent

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

The petitioner is appointed as guardian of one Joy Joseph under Section 14 of the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. Petitioner submits that Ward's father deposited gold ornaments with the 4th respondent. This is for the purpose of meeting the expenses of the Ward. The Ward Joy Joseph is the only son. Ward's father and mother are no more. Petitioner being the guardian appointed by Ext.P1 submits that in order to meet the expenses and medical treatment, they require money and seeks a direction to the 4th respondent Bank to release the gold ornaments for the purpose of meeting the expenses of the Ward. Thew petitioner's request has been turned down by the District Collector as per Ext.P7.
2. Considering the fact that the Ward is the only son WP(C).No.31690/2014-I.
2 and there are no other legal heirs, I am of the view, the gold ornaments deposited by the father of the Ward can be liquidated and converted as a Fixed Deposit in the name of the Ward with the 4th respondent Bank. The interest accrued in the Fixed Deposit or such other amount based on liquidation can be directed to be released to the petitioner from time to time to meet the medical and other expenses of the Ward. Therefore, the District Collector, the authority under the National Trust Act shall take a decision and to pass appropriate direction to secure the welfare of the Ward. In the above facts and circumstances, Ext.P3 is set aside. Needful shall be done within a period of four weeks.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
( true copy )
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Title

Amal Nikethan Convent

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • V R Kesava Kaimal
  • Smt
  • C S Rajani