W.P.(MD)No.20274 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.20274 of 2022 and W.M.P.(MD)No.14715 of 2022 Rajalakshmi ... Petitioner -vs- 1.The District Collector, O/o. The District Collector, Thoothukudi District. 2.The Presiding Officer of Tribunal Constituted under the Maintenance and Welfare of Parents and Senior Citizens Act / The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 3.Susila ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.20274 of 2022 impugned order in Mu.Mu.Aa3/4875/2022 dated 24.06.2022 passed by the second respondent and quash the same as illegal and consequently directing the second respondent to provide an opportunity to the petitioner for personal hearing at the time of enquiry. For Petitioner : Mr.M.Maharaja For Respondents 1 & 2 : Mr.R.Ramasamy, Counsel for State of Tamil Nadu For Respondent No.3 : Mr.M.Sankar O R D E R Challenging the proceedings of the second respondent in Mu.Mu.Aa3/4875/2022 dated 24.06.2022, the present Writ Petition has been filed. 2.The case of the petitioner is that the third respondent is the petitioner's mother-in-law and out of love and affection the third respondent executed a settlement deed bearing Document No.4746 of 2011 dated 10.05.2011, in favour of the petitioner's husband Shenbagarajesh. The petitioner's husband Shenbagarajesh died on 03.03.2019, in an accident. Thereafter, the third respondent initiated proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.20274 of 2022 the second respondent. Pursuant thereto, the second respondent in and by proceedings dated 24.06.2022, cancelled the settlement deed executed by the third respondent in favour of the petitioner's husband. Aggrieved over the same, the present Writ Petition has been filed. 3.Learned counsel for the petitioner submitted that the settlement deed was executed by the third respondent in favour of the petitioner's husband, however, complaint has been made against the petitioner, since the petitioner's husband is no more. Further, the issue involved in the present Writ Petition is no longer res integra. The settlement deed dated 10.05.2011, executed by the petitioner's mother-in-law in favour of the petitioner's husband, is an absolute and irrevocable settlement. He further submitted that Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can be invoked only when the transfer is subject to a condition that the transferee shall provide basic amenities and physical needs to the transferor and such condition is breached. In the absence of any such condition in the settlement deed, the authorities under the Act have no jurisdiction to cancel the settlement deed. 4.Learned Counsel for the petitioner reliance upon the decision of the Hon'ble Full Bench in the case of Sasikala Vs. Revenue Divisional ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.20274 of 2022 Officer and another reported in 2022 SCC online Mad 4343, wherein, it has been categorically held that in the absence of a condition incorporated in the deed, the power under Section 23(1) cannot be exercised and further held that when a settlement deed is executed, the same cannot be cancelled unilaterally. 5.Learned Government Counsel appearing for the official respondents submitted that the impugned order came to be passed on the complaint of the senior citizen alleging failure of maintenance by the petitioner. However, he fairly submitted that the issue is governed by the judgment of the Hon'ble Full Bench of this Court. Hence, this Court may issue appropriate directions in the above regard. 6.Heard the learned counsel for the petitioner and the learned Government Counsel appearing for the official respondents and perused the materials available on record. 7.Admittedly, the petitioner is the daughter-in-law of the third respondent. The issue involved in the present Writ Petition is no longer res integra, in view of the judgment of the Hon'ble Full Bench of this Court in Sasikala's case, as referred to supra, wherein it has been held that the ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.20274 of 2022 power under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can be exercised only if the transfer of property has been made subject to the condition that the transferee shall provide basic amenities and physical needs to the transferor and such condition has been violated. In the absence of such a condition in the deed of transfer, the authorities functioning under the Act have no jurisdiction to annul or cancel the transfer. The relevant portion with regard to unilateral cancellation is extracted hereunder; “46.The writ petition in W.P. (MD) No. 6889 of 2020 is filed by the daughter of the second respondent to quash the order passed by the first respondent under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007. The gift deed executed by the second respondent in favour of the writ petitioner was unilaterally cancelled by the second respondent father. The settlement deed stated to have been executed by the second respondent, dated 06.03.2015 is irrevocable and it is a deed of settlement out of love and affection. The second respondent has specifically stated that he has no right to revoke the settlement deed. From the recitals, the settlement does not attract Section 126 of Tamil Nadu Property Act. It is seen that the settlor viz., the second respondent, has not put any condition. In other words, the gift deed is not subject to any condition or terms that the transferor shall ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.20274 of 2022 provide the basic amenities and basic physical needs to the second respondent. In such circumstances, this Court is of the view that there is no scope for invoking the power provided to the second respondent under Section 23 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Therefore, the order impugned is liable to be quashed. Even though we agree that the writ petition can be allowed, this Court is unable to decide the writ petition in this batch where question referred to us is different. Hence, the writ petition in W.P. (MD) No. 6889 of 2020 is de-linked and the Registry is directed to list the matter before the appropriate Bench.” [Emphasis supplied] 8.In the case on hand, a perusal of the settlement deed dated 10.05.2011 does not disclose any condition requiring the petitioner's husband to maintain the executant as as pre-condition for transfer of the property. Therefore, the essential requirement for involving Section 23(1) of the Act is absent. Consequently, the second respondent could not have exercised the power of cancellation under the Act. 9.In view of the above settled legal position, the impugned proceedings of the first respondent in Mu.Mu.Aa3/4875/2022 dated 24.06.2022, is liable to be set aside. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.20274 of 2022 10.Accordingly, the Writ Petition stands allowed and the impugned order of the second respondent dated 24.06.2022, is hereby quashed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 22.07.2026 NCC : Yes / No Index : Yes / No Internet: Yes / No MR ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.20274 of 2022 To 1.The District Collector, O/o. The District Collector, Thoothukudi District. 2.The Presiding Officer of Tribunal Constituted under the Maintenance and Welfare of Parents and Senior Citizens Act / The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.20274 of 2022 M.DHANDAPANI, J. MR W.P.(MD)No.20274 of 2022 22.07.2026 ____________ https://www.mhc.tn.gov.in/judis