OP/70/2026 of K.C. Anand Vs No Respondent on 27 October 2026

ORDER

This matter is listed today under the caption ‘for being mentioned’ at the instance of the learned counsel for the petitioner.

2. It it brought to my notice by the learned counsel for the petitioner that in the order dated 12.10.2026, the word “M/s.Ramaniyam Realtors LLP” has been inadvertently typed as “M/s.Ramaniyam Realtors Private Limited”. Hence, he seeks necessary correction.

3. Considering the above, the Registry is directed to incorporate the word “M/s.Ramaniyam Realtors LLP” instead of “M/s.Ramaniyam Realtors Private Limited” wherever it occurs in the order dated 12.10.2026 and issue fresh order copy to the parties. 27-10-2026 ATA

OP No. 70 of 2026

P.B.BALAJI, J. ATA OP No. 70 of 2026 27-10-2026

OP No. 70 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-10-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI OP No. 70 of 2026 & A.No.4365 of 2026 CNR:{HCMA010186482026} K.C. Anand S/o. P.C.Chandrasekaran, No.1, 20th Street, Shanthi Colony, Tansinagar, Velachery, Chennai 600 042. ..Petitioner Vs No Respondent Nil ..Respondent Prayer: Original Petition filed under Clause XVII of Letters Patent of High Court of Madras, praying for the following reliefs:

(a) To appoint the Petitioner herein as Guardian of the person of the mentally unsound/ill Mr.Vijay Krishnan, aged 61 years and Selvi Vijayalakshmi Krishnan, aged 58 years.

b) To appoint the petitioner herein as Manager of the property set out in Schedule A hereunder and belonging to Mr.Vijay Krishnan, aged 61 years and Selvi. Vijayalakshmi Krishnan, aged 58 years, who are mentally unsound;

(c) To permit the Petitioner to enter into Joint Development Agreement with M/s. Ramaniyam Realtors LLP, having office at New No.14, Old No.67, Third Main Road, Gandhi Nagar, Adyar, Chennai 600 020, for the development of the schedule A Mentioned property as per the terms agreed; and (d) To permit the Petitioner to sell 365.32 Sq.ft. of undivided share of

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land forming part of Schedule A to this petition, more particularly described in schedule C to this petition in favour of the Developer M/s. Ramaniyam Realtors LLP or its prospective purchasers. For Petitioner: Mr.K.V. Babu For Respondent: No appearance

ORDER

The petitioner is seeking to appoint himself as guardian for the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan, who were the children of the petitioner’s mother’s elder brother.

2. In fact, the petitioner has already gone before the learned Master and filed his proof affidavit as well. The property, to which the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan are entitled to, is forming part of the residential apartment complex, consisting of several residential flats. All the owners of the respective flats in the apartment have taken a decision to pull down the existing construction, which has become old and dilapidated and put up new construction. They have also proposed a Joint Development Agreement with a builder, M/s.Ramaniyam Realtors Private Limited.

3. Since the mentally ill persons’ parents are no more, the petitioner, who is now taking care of said mentally ill persons, under whose custody they are

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presently in, is now come forward with the present petition, seeking to appoint himself as a guardian for the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan and also permission to sell the residential apartment, to which the said Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan are entitled to, along with the proportionate undivided share.

4. The disability certificates of the said Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan were marked as Ex.P2 and Ex.P3, which also confirmed the fact that the said Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan are mentally ill and are not capable of taking care of themselves. Ex.P4 is the draft of the Joint Development Agreement dated 25.08.2025, which has been proposed by the developer, in respect of the share of the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan.

5. On going through the same, I find that in return, the mentally ill persons, namely Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan will be entitled to a brand new apartment and also cash compensation of Rs.21,00,000/-, besides Rs.22,000/- towards alternative accommodation. In the light of the above, I do not find any serious prejudice being caused to the interest and welfare of the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan. The petitioner, in whose custody the said mentally ill persons is also closely related to them and in fact, he is taking care

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of the said mentally ill Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan.

6. In the light of the above, I am satisfied that the petitioner is entitled to be appointed as the guardian of the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan and permission is also granted to the petitioner to represent the said mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan and execute such necessary documents and register the same, as may be required to comply with the terms and conditions of the Joint Development Agreement to be entered into between the petitioner as guardian of the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan and the developer, M/s.Ramaniyam Realtors Private Limited.

7. The Original Petition is ordered. The petitioner is appointed as guardian for the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan. The petitioner is also appointed as Manager of the property set out in Schedule A hereunder and belonging to the mentally ill, Vijay Krishnan and Vijayalakshmi Krishnan. The petitioner is also permitted to enter into a Joint Development Agreement with M/S.Ramaniyam Realtors Private Limited, in terms of the proposed Joint Development Agreement, draft of which is enclosed in the typed set of papers, for the development of the schedule A mentioned property. The petitioner is also permitted to sell 365.32 sq.ft of undivided share of land forming part of Schedule A to this petition, more particularly described in

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Schedule C to this petition in favour of the Developer M/s.Ramaniyam Realtors Private Limited or its prospective purchaser. Insofar as the cash compensation of Rs.21,00,000/-, the same shall be invested in an interest bearing Fixed Deposit in any one of the Nationalised Banks in the names of the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan and the petitioner shall be entitled to withdraw the interest once in three months, which shall be utilised for the maintenance and upkeep of the mentally ill, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan. As regards the amount of Rs.22,000/- towards alternate accommodation, the petitioner is at liberty to find out suitable alternate accommodation to ensure the comfortable residence of the mentally ill persons, Mr.Vijay Krishnan and Selvi.Vijayalakshmi Krishnan, till such time, the new building is completed and they are put in possession of their respective entitlements of new flats under the Joint Development proposal. 12-10-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA

OP No. 70 of 2026

P.B.BALAJI J. ATA OP No. 70 of 2026 12-10-2026