A.No.2405 of 2025 in O.P.No.235 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.05.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.No.2405 of 2025 in O.P.No.235 of 2023 Sivakumar Chellathurai ... Applicant vs. 1.C.Sabarikumar 2.Kousalya Devi ... Respondent For Applicant : Mr.R.Rajarajan ORDER The applicant herein Thiru.Sivakumar Chellathurai has filed this Original Petition under Clause-17 of Letters Patent. The said provision confers parens patriae jurisdiction on the High Court in respect of minors, lunatics and idiots. Such expressions can no longer be employed. Be that as it may, these are the words found in the statute. 1/6 https://www.mhc.tn.gov.in/judis A.No.2405 of 2025 in O.P.No.235 of 2023 2.This application has been taken out to take the patient Thriu.P.K.M.Durai for follow up and review. The applicant is none other than the elder son of Thiru.P.K.M.Durai. The applicant painted a different picture about the mental condition of Thiru.P.K.M.Durai. The respondents, who are none other than the younger brother and mother of the applicant, disputed his claim. 3.Thiru.P.K.M.Durai is said to be aged more than 83 years. He had suffered a stroke in the year 2021 and lost the power of speech. He is being tube-fed. I felt that his production before this Court would cause immense physical inconvenience to him. I, therefore, proposed that I would personally visit him. 4.The learned counsel on either side were agreeable to that proposal. Accordingly, I visited the premises bearing Door.No.18, 4th Cross Street, Trustpuram, Kodambakkam, Chennai, where Thiru.P.K.M.Durai is residing, on 18.05.2025 at around 12.15 p.m. The learned counsel on either side were also present. Since the present Original Petition itself had been filed on the 2/6 https://www.mhc.tn.gov.in/judis A.No.2405 of 2025 in O.P.No.235 of 2023 premise that Thiru.P.K.M.Durai is mentally ill, I had taken my wife- Mrs.Kamakshi along with me. My wife is a Special Educator and has some experience in dealing with mentally ill-persons. 5.The condition of Thiru.P.K.M.Durai is quite pathetic but this is only in the physical sense. The moot question is whether he suffers from any mental illness. My wife took out a piece of paper and wrote 'hospital' on the one side and 'home' on the other side and requested Thiru.P.K.M.Durai to point out his preference. We told him that if he touched with his finger the word 'hospital', then he would be shifted to hospital. If he is comfortable in the residence itself, then, all that he has to do is to touch the word 'home'. Originally, the words 'hospital' and 'home' were written one below the other. 6. Since Thiru.P.K.M.Durai had difficulty in motor coordination, by mistake, he touched the word 'hospital'. When I explained that Thiru.P.K.M.Durai wanted to be shifted to the hospital, he started weeping. Then, on another piece of paper, both the words were written side by side with adequate space in-between. Thiru.P.K.M.Durai touched the word 'home' and when we asked him whether he is comfortable in his home and 3/6 https://www.mhc.tn.gov.in/judis A.No.2405 of 2025 in O.P.No.235 of 2023 he does not wanted to be shifted, he clearly indicated by gestures in the affirmative. 7.Due to his physical condition, he was drooling. Whenever he drooled, with the help of his left hand, he took his handkerchief and wiped the saliva. Whenever he cried, he also used handkerchief to wipe his tears. From all this, I could come to a clear and categorical conclusion that Thiru.P.K.M.Durai was suffering only from serious physical debilities. But, his mental condition was rather good. By no stretch of imagination can Thiru.P.K.M.Durai be called as a lunatic-cum-idiot. 8. According to me, the Original Petition itself is not maintainable, but, then, since the learned Senior Counsel for the respondents is not present before me, I refrain from dismissing the Original petition. 9. I had a detailed interaction with the mother as well as the brother of the applicant. Both of them told me that they have no objection for the applicant to visit their home and see the father. This submission made by the respondent is placed on record. 4/6 https://www.mhc.tn.gov.in/judis A.No.2405 of 2025 in O.P.No.235 of 2023 10.I am of the clear view that what Thiru.P.K.M.Durai requires now is loving care. If he is shifted to hospital, he would definitely suffer from loneliness. He may be confined in ICU. If he is at home, he will be surrounded by his immediate family members. He will have the company of his grand children. The interests of Thiru.P.K.M.Durai are paramount and I am more satisfied that there is no merit in the application. 11. Accordingly, A.No.2405 of 2025 stand dismissed. No costs. 23.05.2025 dm/grs 5/6 https://www.mhc.tn.gov.in/judis A.No.2405 of 2025 in O.P.No.235 of 2023 G.R.SWAMINATHAN, J. dm/grs A.No.2405 of 2025 in O.P.No.235 of 2023 23.05.2025 6/6 https://www.mhc.tn.gov.in/judis