W.P.(MD)No.111 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.111 of 2024 and W.M.P.(MD)Nos.139 & 141 of 2024 Gokila ... Petitioner -vs- 1.The Revenue Divisional Officer, Ramanathapuram. 2.The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District. 3.The Sub Registrar, Velipattinam, Ramanathapuram District. 4.Ramachandran 5.Krishnamoorthy ... Respondents ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.111 of 2024 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order dated 20.12.2023 in Moo.Mu.(A4)/11839/2022 passed by the first respondent and quash the same. For Petitioner : Mr.J.Barathan For Respondents 1 to 3 : Mrs.K.R.Shivashankari Counsel for the State of Tamil Nadu For Respondent No.4 : Mr.K.Yasar Arafath For Respondent No.5 : Mr.V.Sasikumar O R D E R Challenging the proceedings of the first respondent in in Moo.Mu. (A4)/11839/2022 dated 20.12.2023, the present Writ Petition has been filed. 2.The case of the petitioner is that the fifth respondent is the son of the fourth respondent and the petitioner is the daughter of the fifth respondent. Out of love and affection, the fourth respondent executed a settlement deed bearing Document No.1940 of 2018 dated 28.02.2018, in favour of the fifth respondent. Later, the fifth respondent sold the property ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.111 of 2024 to the petitioner's husband for a valid sale consideration through a registered sale deed dated 28.09.2022, registered as Document No.7616 of 2022, on the file of the third respondent. The fourth respondent had also executed another gift settlement deed vide Document No.4950 of 2022 dated 28.06.2022, in favour of the fifth respondent and in turn, the fifth respondent has executed a settlement deed in favour the petitioner vide Document No.8752 of 2022 dated 10.11.2022. While so, the fourth respondent initiated proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the first respondent. Pursuant thereto, the first respondent in and by proceedings dated 20.12.2023, cancelled the aforesaid settlement deeds executed by the fourth respondent in favour of the fifth respondent, on the ground that the fifth respondent had failed to maintain his father. 3.Learned counsel for the petitioner further submitted that the fourth respondent is now no more and the issue involved in the present Writ Petition is no longer res integra. The aforesaid settlement deeds are absolute and irrevocable settlement deeds, 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 ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.111 of 2024 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 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. 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.111 of 2024 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 of the fifth respondent, in whose favour the settlement deeds have been executed by 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 ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.111 of 2024 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 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.111 of 2024 8.In the case on hand, a perusal of the settlement deeds dated 28.02.2018 and 28.06.2022, do not disclose any condition requiring the fifth respondent to maintain the executant as as pre-condition for transfer of the properties. 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 Moo.Mu.(A4)/11839/2022 dated 20.12.2023 is liable to be set aside. 10.Accordingly, the Writ Petition stands allowed and the impugned order of the first respondent in Moo.Mu.(A4)/11839/2022 dated 20.12.2023, is hereby quashed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 21.07.2026 NCC : Yes / No Index : Yes / No Internet: Yes / No MR ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.111 of 2024 To 1.The Revenue Divisional Officer, Ramanathapuram. 2.The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District. 3.The Sub Registrar, Velipattinam, Ramanathapuram District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.111 of 2024 M.DHANDAPANI, J. MR W.P.(MD)No.111 of 2024 21.07.2026 ____________ https://www.mhc.tn.gov.in/judis