W.P.(MD)No.4855 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.4855 of 2023 and W.M.P.(MD)Nos.4540 & 4541 of 2023 Manivarma ... Petitioner -vs- 1.District Collector, Madurai Appellate Tribunal, Senior Citizens Maintenance and Welfare Officer, Collectorate, Madurai. 2.The Revenue Divisional Officer / Executive Magistrate, Thirumangalam, Madurai. 3.Kalingarani 4.Karthikeyan ... Respondents ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the impugned orders passed by the first respondent in Ni.Mu.(C5)/15298/2020 dated 28.10.2021 and the second respondent in Ni.Mu.No.249/2020/A1 dated .03.2020, quash the same. For Petitioner : Mr.M.Saravanan For Respondents 1 & 2 : Mr.M.Mahaboob Athiff Counsel for the State of Tamil Nadu For Respondent No.3 : Ms.V.Kirthiga, for M/s.APN Law Associates O R D E R Challenging the proceedings of the first respondent in Ni.Mu. (C5)/15298/2020 dated 28.10.2021 and the second respondent in Ni.Mu.No.249/2020/A1 dated Nil.03.2020, the present Writ Petition has been filed. 2.The case of the petitioner is that the petitioner's father R.Subramanian, started a small business and developed the same into a big business and out of the said business he owned several theatres, Impala ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 Hotels and Impala Ice Cream Parlors. On 16.03.2009, the petitioner's father died leaving behind the petitioner, his brother Karthikeyan / fourth respondent, mother Kalingarani / third respondent, sister Yavana Rani and the petitioner's grandmother Muthulakshmi Ammal. Thereafter, vide a registered settlement deed dated 03.03.2011, the petitioner's grandmother settled her undivided share in the properties in favour of the petitioner and the fourth respondent. Further, the third respondent mother had also settled her share in respect of some of the items of properties in favour of the petitioner and the fourth respondent vide settlement deed dated 14.05.2009. The petitioner's sister Yavana Rani, had released her share in favour of the petitioner and the fourth respondent vide registered release deed dated 11.12.2013. 3.Learned Counsel for the petitioner further submitted that after the aforesaid settlement of the properties, the petitioner and the fourth respondent continued the business. Thereafter, some misunderstanding arose between the petitioner and the fourth respondent and thereby, the petitioner decided to partition the properties, however, the fourth respondent refused to partition the properties. Hence, the petitioner had given a police complaint on 19.09.2018 and also filed a civil suit in O.S.No. 45 of 2019, on the file of the I Additional District Judge, Madurai. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 4.He further submitted that the third respondent, at the instigation of the fourth respondent, initiated proceedings against the petitioner, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the second respondent. Pursuant thereto, the second respondent, without hearing the petitioner, in and by proceedings dated 05.03.2020, cancelled the settlement deed executed by the third respondent in favour of the petitioner, based on the consent given by the fourth respondent. The petitioner preferred appeal before the first respondent, who, by the impugned proceedings dated 28.10.2021, dismissed the appeal filed by the petitioner. Aggrieved over the same, the present Writ Petition has been filed. 5.Learned counsel for the petitioner submitted that the issue involved in the present Writ Petition is no longer res integra. The aforesaid settlement deed dated 14.05.2009, executed by the third respondent in favour of the petitioner is an absolute and irrevocable settlement deed, which cannot be cancelled. 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 ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 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. 6.Learned Counsel has placed reliance upon the decision of the Hon'ble Full Bench in the case of Sasikala Vs. Revenue Divisional 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. Accordingly, he prayed for allowing the Writ Petition. 7.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. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 8.Heard the learned counsel for the petitioner and the learned Government Counsel appearing for the official respondents and perused the materials available on record. 9.Admittedly, the petitioner is the son 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 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 ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 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 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] ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 10.In the case on hand, a perusal of the settlement deed dated 14.05.2009, does not disclose any condition requiring the petitioner 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 first respondent could not have exercised the power of cancellation under the Act. 11.In view of the above settled legal position, the impugned proceedings of the first respondent in Ni.Mu.(C5)/15298/2020 dated 28.10.2021 and the second respondent in Ni.Mu.No.249/2020/A1 dated Nil.03.2020, are liable to be set aside. 12.Accordingly, the Writ Petition stands allowed and the impugned orders of the first respondent in Ni.Mu.(C5)/15298/2020 dated 28.10.2021 and the second respondent in Ni.Mu.No.249/2020/A1 dated Nil.03.2020, are hereby quashed. However, since the petitioner being the son of the third respondent, is duty bound to maintain the third respondent, this Court directs the petitioner to pay a sum of Rs.30,000/- as maintenance to the third respondent, on or before 7th day of every English Calender month, till her life time and also ensure shelter to the third respondent. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 However, it is made clear that the above direction is without prejudice to the contentions of the petitioner in the pending proceedings. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 16.07.2026 NCC : Yes / No Index : Yes / No Internet: Yes / No MR ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 To 1.District Collector, Madurai Appellate Tribunal, Senior Citizens Maintenance and Welfare Officer, Collectorate, Madurai. 2.The Revenue Divisional Officer / Executive Magistrate, Thirumangalam, Madurai. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.4855 of 2023 M.DHANDAPANI, J. MR W.P.(MD)No.4855 of 2023 16.07.2026 ____________ https://www.mhc.tn.gov.in/judis