W.P.(MD)No.28105 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.28105 of 2023 and W.M.P.(MD)No.24195 of 2023 Pragadeeswaran ... Petitioner -vs- 1.The District Collector, Tiruchirappalli. 2.The Revenue Divisional Officer, Musiri. 3.The Sub Registrar, Uppliyapuram Post, Thuraiyur Taluk, Trichy District. 4.Lakshmanan 5.Natarajan 6.Periyasamy 7.Valliyammal ... Respondents ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.28105 of 2023 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in Na.Ka.G1/1138995/2023, dated 28.08.2023 and quash the same as illegal and directing the third respondent to cancel the sale deed dated 18.10.2023 in document No.2695/2023. For Petitioner : Mr.S.Muthukrishnan For Respondents 1 to 3 : Mr.M.Mahaboob Athiff Counsel for the State of Tamil Nadu For Respondents 4 to 7 : Mr.C.Jeyaprakash O R D E R Challenging the proceedings of the first respondent in Na.Ka.G1/1138995/2023, dated 28.08.2023, the present Writ Petition has been filed. 2.The case of the petitioner is that the fourth respondent is the petitioner's paternal grandfather and out of love and affection the fourth respondent executed a gift settlement deed bearing Document No.1690 of 2022 dated 27.06.2022, in favour of the petitioner. Thereafter, at the instigation of the fifth respondent, the fourth respondent initiated ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.28105 of 2023 proceedings against the petitioner and his father, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the second respondent. Pursuant thereto, the second respondent, in and by proceedings dated 27.01.2023, directed the petitioner's father to pay Rs.2,000/- as maintenance to the fourth respondent. Since the said maintenance amount was not paid by the petitioner's father, the fourth respondent preferred appeal before the first respondent, who, by the impugned order dated 28.08.2023, directed the third respondent to cancel the aforesaid settlement deed executed by the fourth respondent in favour of the petitioner on the ground that the petitioner had failed to maintain his grandfather. Aggrieved over the same, the present Writ Petition has been filed. 3.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 27.06.2022, executed by the petitioner's grandfather 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.28105 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. 4.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. 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. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.28105 of 2023 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 grandson of the fourth 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.28105 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.28105 of 2023 8.In the case on hand, a perusal of the settlement deed dated 27.06.2022 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. 9.In view of the above settled legal position, the impugned proceedings of the first respondent in Na.Ka.G1/1138995/2023, dated 28.08.2023, is liable to be set aside. 10.Accordingly, the Writ Petition stands allowed and the impugned orders of the first respondent in Na.Ka.G1/1138995/2023, dated 28.08.2023, is hereby quashed. However, the petitioner is directed to pay the arrears of maintenance amount of Rs.2,000/-, as ordered by the second respondent vide his proceedings dated 27.01.2023, within a period of four [4] weeks from the date of receipt of a copy of this order and hereafter, continue to pay a sum of Rs.6,000/- as maintenance amount to the fourth respondent, on or before 7th day of every English Calender month. There ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.28105 of 2023 shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 20.07.2026 NCC : Yes / No Index : Yes / No Internet: Yes / No MR ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.28105 of 2023 To 1.The District Collector, Tiruchirappalli. 2.The Revenue Divisional Officer, Musiri. 3.The Sub Registrar, Uppliyapuram Post, Thuraiyur Taluk, Trichy District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.28105 of 2023 M.DHANDAPANI, J. MR W.P.(MD)No.28105 of 2023 20.07.2026 ____________ https://www.mhc.tn.gov.in/judis