KUALA LUMPUR: The High Court has allowed an application by Datuk Seri S. Vell Paari to have his father, former MIC president Tun S. Samy Vellu, undergo a mental health check.
Vell Paari made the application in a suit he filed against Samy Vellu to determine whether the latter’s mental state would cause him to be unable to manage himself and his affairs.Justice Wong Chee Lin allowed the application in accordance with Section 52 of the Mental Health Act here yesterday after hearing submissions in chambers from both parties.
Lawyer David Mathews, who represented Vell Paari, told the press that the application was allowed after the proceedings ended.
“The court has allowed the application but I am not at liberty to disclose further information on the inquiry (on mental health), ” Mathews said.
Lawyer Prem Ramachandran appeared for Samy Vellu.
Mathews also said the court rejected an application by a woman who claimed to be Samy Vellu’s “other wife”, Meeriam Rosaline Edward Paul, 59, to intervene.
“Meeriam Rosaline’s application to intervene has been dismissed by the court after it heard submissions from both parties, with costs of RM5,000, ” Mathews said.
Meeriam Rosaline was represented by lawyer Ramesh Sivakumar in the proceedings.
Vell Paari, the only son of Samy Vellu, filed an originating summons last December to seek an inquiry under Section 52 of the Mental Health Act to determine whether his father had a mental disorder that would cause him to be unable to manage himself and his affairs.
The inquiry, he said, was also to determine the time frame where the defendant could have had mental disorder, and whether he was able to give orders to his solicitor to act on his behalf, as well as to determine the properties owned by the defendant.
In the event the defendant is found to be suffering a mental disorder and unable to manage himself, Vell Paari sought for himself and a lawyer, Datuk C. Vijaya Kumar, 68, as well as other individuals deemed fit by the court, to be appointed to a committee to manage the defendant’s estate.
Vell Paari also asked the court to determine the powers of the said committee, make provisions for its costs and expenses, and for remuneration to be paid to the committee members.
He also sought to be named as his father’s litigant in any proceedings involving the defendant.
In his supporting affidavit, Vell Paari said his mother, Toh Puan R. Indrani and his younger sister S. Mangayerkarasi, were aware of his application and would affirm separate affidavits in support of his originating summons.
Vell Paari said as of 2017, he had been assisting in the management of his father’s estate, and had used his own funds in the process.
He added that his father was unable to defend himself, and on that premise, it was important for him to be given the power to speak on his father’s behalf.
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