M R Mahalakshmi v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:41591( WP(No.(23797(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010523372026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(6 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(SURAJ(GOVINDARAJ(

WRIT(PETITION(NO.(23797(OF(2026((GM-RES)(

BETWEEN:(( ( , M.R.,MAHALAKSHMI, W/O,LATE,R.,KRISHNA,MURTHY,

AGED,ABOUT,81,YEARS, STRESIDING,AT,NO.51/92,,21 ,MAIN,ROAD, BEHIND,MARUTHI,MANDIR,,VIJAYANAGAR, BENGALURU,-,560,040.,

…PETITIONER,

(BY,SRI.,R.K.,MAHADEVA,,ADVOCATE),

AND:( (

, THE,STATE,OF,KARNATAKA, REP.,BY,DEPUTY,COMMISSIONER, Digitallytisigned K.G.,ROAD,,BEHIND,KANDAYA,BHAVAN,by0SHWETHA RAGHAVENDRA BENGALURU,URBAN,DISTRICT,, Location:0HIGH BENGALURU,-,560,009.,COURT0OF KARNATAKA …RESPONDENT, (BY,SRI.,SHAMANT,NAIK,,AGA), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, ALLOW, THE, PETITION,AND,DIRECT,THE,RESPONDENT,TO,CONSIDER,THE, APPLICATION,DATED,28.07.2026,VIDE,ANNEXURE-A,FILED,BY, THE, PETITIONER, TO, ISSUE, GUARDIAN, CERTIFICATE, IN,

FAVOUR OF THE PETITIONER WITHIN 7 DAYS FROM THE DATE OF THE ORDER OF THIS HON'BLE COURT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1Learned Additional Government Advocate accepts notice for the respondent.

¶2Petitioner is before this Court seeking for the following reliefs: a. Allow the petition and direct the Respondent to consider the application dated 28.07.2026 vide Annexure-A filed by the petitioner to issue Guardian Certificate in favour of the petitioner within 7 days from the date of the order of this Hon'ble Court; b. Pass such other order/s as this Hon'ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity.

¶3Petitioner, who is a senior citizen, aged about 81 years, has a daughter, who is aged about 65 years, and also a senior citizen suffering from mental disorder, namely Autism by birth.

¶4The petitioner, being unable to take care of her daily requirements, as also basic needs, had approached

the respondents authority seeking for necessary aid and assistance. When the petitioner was informed that necessary application could be filed under the Karnataka State Rights and Persons with Disability Rules, 2019 more particularly in terms of Form-1 thereon which could be considered by the respondents and necessary aid and assistance to be offered.

¶5For the said purposes the petitioner requires a certificate to be issued by the Local Level Committee

(LLC) constituted under the said Rules indicating that the daughter is suffering from Autism and that the petitioner could file such application as a natural guardian.

¶6The application having been filed on 28.07.2026, the contention of the petitioner is that it is still pending. It is hardly 8 (eight) days since the said application has been submitted. The petitioner ought to have provided some time for the respondents to act on the said application and pass necessary orders.

¶7More so, when the application has been submitted to the Deputy Commissioner and not to the LLC, it would be required for the Deputy Commissioner to place the said application before the LLC. Though he

has the authority, it is for the LLC to take a decision. In that view of the matter, this Court passes the following: ORDER

i) Writ petition is partly allowed.

ii) Respondent No.1/Deputy Commissioner is directed to place the application of the petitioner in terms of Annexure-L with LLC and the LLC is directed to pass necessary orders

as expeditiously as possible preferably within a period of 30 (thirty) days from the date of receipt of a copy of this order.

Sd/- (SURAJ GOVINDARAJ) JUDGE

GJM List No.: 1 Sl No.: 11