Madras High Court
A/3082/2026 of T.N.Dhanalakshmi and 2 others Vs N.SUMATHY AND 3 OTHERS on 28 October 2026
A.Nos.3082 & 3083 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
A.Nos.3082 & 3083 of 2026
in
T.O.S.No.81 of 2013 and Tr.CS.No.217 of 2022
A.No.3082 of 2026
1. T.N.Dhanalakshmi
Old Door No.26, New No.47,
2. Mrs.Radhika Ravishankar
6700, Knights Bridge Avenue,
NW, Canton, Ohio 44718, USA.
3. Mrs.Chandrika
5008, Carducci Drive, Pleasanton,
CA-94558, USA.
..Applicant(s)
Vs
1. N.Sumathy
2. N.Madhumathi
Both residing at Ranga Villa,
Old Door No.26, New Door No.47,
(2nd defendant declared as major and dischraged from guardianship by order dated 02.01.2026
passed in Appln.Nos.6049 and 6050 of 2025 in
C.S.No.217 of 2012 and T.O.S.No.81 of 2013)
A.Nos.3082 & 3083 of 2026
3. N.Srinivasan
4. N.Chelvadorai
Both rep by their Power of Attorney and mother Rajalakshmi No.309, Block No.29, LIC Apartments, JP Nagar, Bangalore – 78.
..Respondent(s)
To appoint the 3rd Applicant/4th Plaintiff in T.O.S.No.81 of 2013 as the guardian of Mrs.T.N.Dhanalakshmi, 1st Applicant/2nd Plaintiff, who suffers from dementia a cognitive disability, in the above suit.
A.No.3083 of 2026
1. T.N.Dhanalakshmi
W/o.T.D.Natarajan
Old Door No.26, New No.47,
2. Mrs.Radhika Ravishankar
W/o.V.Ravishankar
6700, Knights Bridge Avenue,
NW, Canton, Ohio 44718, USA.
3. Mrs.Chandrika
5008, Carducci Drive, Pleasanton,
CA-94558, USA.
..Applicant(s)
Vs
1. N.Srinivas Nithyanandam
No.83/1A, Winding Wood Drive
Sayreville, NJ 08872
USA.
A.Nos.3082 & 3083 of 2026
2. N.Chelvadorai
SSP Medical Technologies SDN BHD
Hospital Support Service
United Kejuruteraan (BEMS)
Hospital Taiping Perak
Rdizuan, Malaysia.
Both rep. By their power of attorney and mother Ms.Rajalakshmi D/o.Loganathan No.309, Block No.29, LIC Apartments, 1st Phase, JP Nagar, Bangalore-78.
3. N.Madhumathi
D/o.T.D.Nithyanandam
Rep. By mother and natural guardian
Smt.Sumathi
No.47, Veerabhadran Street, Nungambakkam Chennai-600 034.
..Respondent(s)
To appoint the 3rd Applicant/5th defendant in Tr. C.S.No.217 of 2022 as the guardian of Mrs.T.N.Dhanalakshmi, 1st Applicant/3rd defendant, who suffers from dementia a cognitive disability, in the above suit.
For Applicant(s) in both
applications:
Ms.Rukmani R.V.
M/s.P.B.Ramanujam Associates
For Respondent(s):
Mr.A.L.Nalnasika Begam,
for R1 & R2 in A.No.3083 of 2026
for R3 and R4 in A.No.3082 of 2026
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ORDER
A.No.3082 of 2026 has been filed seeking to appoint the third applicant/fourth plaintiff in T.O.S.No.81 of 2013 as the guardian of Mrs. T.N.
A.Nos.3082 & 3083 of 2026
Dhanalakshmi, the first applicant/second plaintiff, who is suffering from dementia, a cognitive disability.
2. T.O.S.No.81 of 2013 was instituted by the father of the applicants seeking the grant of Letters of Administration. After his demise, his wife and children were brought on record as his legal representatives.
3. The applicants submit that Mrs. T.N. Dhanalakshmi underwent examinations and assessments by a Clinical Psychologist and a Psychiatrist at the Institute of Mental Health, Kilpauk, Chennai, and was diagnosed with dementia, resulting in 80% mental disability. The respondents/defendants do not dispute this condition.
4. A similar application has been filed in A.No.3083 of 2026 in Tr.C.S.No.217 of 2022, which is a suit for partition and separate possession. The parties to both T.O.S.No.81 of 2013 and Tr.C.S.No.217 of 2022 are the same.
5. The learned counsel for the applicants submits that, in A.No.3083 of 2026, the prayer was inadvertently typed as “third applicant/fifth plaintiff” instead of “third applicant/fifth defendant”. The submission is recorded, and the prayer shall be read accordingly.
A.Nos.3082 & 3083 of 2026
6. In view of the above facts and circumstances, A.Nos.3082 and 3083 of 2026 are allowed. Mrs. Chandrika, the third applicant/fourth plaintiff in A.No.3082 of 2026 in T.O.S.No.81 of 2013 and the third applicant/fifth defendant in A.No.3083 of 2026 in Tr.C.S.No.217 of 2022, is appointed as the guardian of Mrs. T.N. Dhanalakshmi, the first applicant/second plaintiff in T.O.S.No.81 of 2013 and the applicant/fifth defendant in Tr.C.S.No.217 of 2022, for the purpose of representing her in the respective proceedings.
7. Post both the suits on 25.11.2026. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mk
A.Nos.3082 & 3083 of 2026
HEMANT CHANDANGOUDAR, J. mk A.Nos.3082 & 3083 of 2026 in T.O.S.No.81 of 2013 and Tr.CS.No.217 of 2022 28-10-2026