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Mrs. Samira Mathews vs The Secretary

Madras High Court|22 March, 2017

JUDGMENT / ORDER

This petition is listed today under the caption 'for maintainability' as Office has entertained a doubt regarding the maintainability of the writ petition before this Court.
2. Today, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the petition with liberty to the petitioner to approach the competent Civil Court for redressal. She has also made an endorsement to that effect.
3. In the light of the above submission of the learned counsel for the petitioner, the objections raised by the office are sustained. The writ petition is dismissed as withdrawn with liberty to the petitioner to approach the competent Civil Court for redressal. No costs.
4. Even though this Court is not granting any relief in this petition in favour of the petitioner, taking note of the fact that Mr. Bijoy Mathews, father of the first petitioner, is in a vegetative state, a coma patient, not conscious oriented and is under the nursing care at his residence in Anna Nagar, Chennai for the past more than a year, the petitioners shall file a Civil Suit before the competent Civil Court seeking to appoint them as guardian of Mr. Bijoy Mathews forthwith. If any such suit is filed, the concerned Civil Court shall take it up and conclude the proceedings on a war footing, preferably within a period of four months from the date of filing of the suit by the petitioners.
22-03-2017 Index : Yes / No rsh Note : Issue order copy today
1. The Secretary Department of Health and Family Welfare Government of Tamilnadu Secretariat, Chennai - 9
2. The District Collector Chennai District Singaravelar Maligai Chennai
3. The Tahsildar Perambalur Taluk Office Chennai B. RAJENDRAN, J rsh WP SR No. 8210 of 2017 22.03.2017 http://www.judis.nic.in
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Title

Mrs. Samira Mathews vs The Secretary

Court

Madras High Court

JudgmentDate
22 March, 2017