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Lakshmi v. The District Collector

Madras HC1 Sept 2025WP(MD)/23557/2025

Case brief

AI extract

What is this about?

Senior citizen maintenance application; Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Sections 5 and 6(1)(a); territorial jurisdiction of Maintenance Tribunal; suo motu transfer of application impermissible; return of application to be presented before appropriate Tribunal; mandamus for time-bound disposal within four months; Madurai Bench of Madras High Court; W.P(MD)No.23557 of 2025; P.T. Asha, J.; Thanjavur; Pattukottai; District Collector; Revenue Divisional Officer.

What did the court decide?

Writ of mandamus issued: the second respondent (Revenue Divisional Officer / Maintenance Tribunal, Thanjavur) directed to dispose of the petitioner's application dated 30.06.2025 under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within four months from receipt of a copy of the order; no costs.

Lakshmi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, under Section 6(1)(a) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the second respondent (Maintenance Tribunal, Thanjavur) had territorial jurisdiction to entertain the petitioner's Section 5 application, given that the petitioner's residence falls within its jurisdiction. +1 more

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Court's answer

An application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can be entertained by the Tribunal having territorial jurisdiction; since the petitioner's residence falls within the jurisdiction of the second respondent, it is for the second respondent to consider and pass orders on the application dated 30.06.2025 on its own merits.

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Ratio / Principle

The second respondent ought not to have suo motu transferred the application to the Revenue Divisional Officer, Pattukottai; if he was of the opinion that he lacked jurisdiction, he should have returned the application and directed the petitioner to present the same before the appropriate Tribunal.

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Key takeaways

The writ petition is allowed and the second respondent is directed to dispose of the petitioner's application dated 30.06.2025 within four months from the date of receipt of a copy of the order, with no costs.ratio¶28

Detailed headnote1 paragraphs

Writ Petition (Article 226) allowed. The petitioner applied on 30.06.2025 under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the second respondent, the Revenue Divisional Officer / Maintenance Tribunal, Thanjavur; the application was transferred to the Revenue Divisional Officer, Pattukottai (communication dated 21.08.2025). Holding that under Section 6(1)(a) an application under Section 5 is entertainable by the Tribunal having territorial jurisdiction, and that the petitioner's residence falls within the second respondent's jurisdiction, the Court held the suo motu transfer impermissible — the proper course was to return the application for presentation before the appropriate Tribunal — and directed the second respondent to dispose of the application dated 30.06.2025 on its own merits within four months from receipt of a copy of the order. No costs.

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W.P(MD)No.23557 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.09.2025

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CORAM

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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Writ Petition(MD)No.23557 of 2025

Lakshmi

..Petitioner

1.The District Collector, Thanjavur District. 2.The Revenue Divisional Officer, (Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007) Thanjavur, Thanjavur District.

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3.Muruganantham 4.Kanmani

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..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to consider the application dated 30.06.2025 filed under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and representation dated 07.08.2025 within the time frame that may be stipulated by this court.

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https://www.mhc.tn.gov.in/judis

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1/5

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W.P(MD)No.23557 of 2025

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For Petitioner : Mr.A.Robinson

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For Respondents : Mrs.D.Farjana Ghoshia Spl. Govt. Pleader

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ORDER

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Mrs.D.Farjana Ghoshia, learned Special Government Pleader, takes notice for the respondents 1 and 2. Since no adverse order is going to be passed, notice to the respondents 3 and 4 is dispensed with. By consent, this writ petition is taken up for final disposal at the stage of admission itself.

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The petitioner seeks a direction to the second respondent to consider the application dated 30.06.2025 filed under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, along with the representation dated 07.08.2025, within the stipulated time.

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When the matter is taken up for hearing, the learned Special Government Pleader, who takes notice for respondents 1 and 2, furnished a copy of the communication dated 21.08.2025 addressed by the first respondent to the Revenue Divisional Officer, Pattukottai. It is stated therein that the petitioner’s application has been transferred from the file of the second respondent to the file of the Revenue Divisional Officer,

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https://www.mhc.tn.gov.in/judis

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2/5

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W.P(MD)No.23557 of 2025

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Pattukottai. However, a perusal of the typed set of papers indicates that the petitioner’s residence falls within the jurisdiction of the second respondent. Section 6(1)(a) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, makes it clear that an application under Section 5 can be entertained by the Tribunal having territorial jurisdiction.

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Considering the fact that the petitioner’s residence falls within the jurisdiction of the second respondent, it is for the second respondent to consider and pass orders on the application of the petitioner dated 30.06.2025 on its own merits. The second respondent ought not to have suo motu transferred the application to the Revenue Divisional Officer, Pattukottai. If he was of the opinion that he lacked jurisdiction, he should have returned the application and directed the petitioner to present the same before the appropriate Tribunal.

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In view of the above, this writ petition is allowed. The second respondent is directed to dispose of the petitioner’s application dated 30.06.2025 within a period of four months from the date of receipt of a copy of this order. No costs.

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01.09.2025

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NCC : Yes/No Index : Yes/No Internet:Yes skn

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https://www.mhc.tn.gov.in/judis

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3/5

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W.P(MD)No.23557 of 2025

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1.The District Collector, Thanjavur District.

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2.The Revenue Divisional Officer, (Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007) Thanjavur, Thanjavur District.

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https://www.mhc.tn.gov.in/judis 4/5

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W.P(MD)No.23557 of 2025

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P.T.ASHA, J.

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skn

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Writ Petition(MD)No.23557 of 2025

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01.09.2025