A 96-year-old senior citizen challenged rejection of his plea to cancel a gift settlement deed executed in favour of his grandson. The court held Section 23(1) requires an express maintenance condition, absent in the deed, and dismissed the writ petition while upholding the monthly maintenance order.
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W.P(MD)No.31752 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.11.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
Writ Petition(MD)No.31752 of 2025 and
W.M.P(MD)No.24925 of 2025
S.Ramiah
..Petitioner
Vs
Pudukkottai District.
4.Jayaprakash
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating with the order of the 1st respondent made in Na.Ka.C6
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W.P(MD)No.31752 of 2025
E-3582794/2025 dated 21.08.2025 confirming the order of the 2nd respondent made in Pa.Mu.No.958/2025/A6 dated 27.05.2025 and quash the same as it is arbitrary and illegal and in consequence to declare the gift settlement deed in Doc No.776/2017 dt.19.05.2017 on the file of the 3rd respondent is null and void.
For Petitioner : Mr.R.Suriya Narayanan
For Respondents : Mrs.D.Farjana Ghoushia Spl. Govt. Pleader for RR1 to 3
ORDER
This Writ Petition is directed against the order of the first respondent/ District Collector dated 21.08.2025 in Na.Ka.C6 E-3582794/2025, confirming the order of the second respondent / Revenue Divisional Officer dated 27.05.2025 in Na.Ka.No.958/2025/A6, by which the petitioner’s request for cancellation of the Gift Settlement Deed dated 19.05.2017, registered as Document No.776/2017, was rejected.
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the petitioner approached the Maintenance Tribunal under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking cancellation of the settlement deed.
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W.P(MD)No.31752 of 2025
direction issued by the authorities requiring the fourth respondent to pay monthly maintenance of Rs.5,000/- shall remain in force. If the said amount has not been paid, it is open to the petitioner to take appropriate steps in accordance with law for enforcement of the maintenance order. No costs. Consequently, the connected miscellaneous petition is closed.
07.11.2025
NCC : Yes/No Index : Yes/No Internet:Yes skn
To
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W.P(MD)No.31752 of 2025
P.T.ASHA, J.
skn
Writ Petition(MD)No.31752 of 2025 and W.M.P(MD)No.24925 of 2025
07.11.2025
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2 issues framed by the court
Whether a gift settlement deed lacking an express maintenance condition can be cancelled under Section 23(1) of the Senior Citizens Act.
Whether the Tribunal's refusal to cancel the deed and its direction to pay monthly maintenance under Section 9 were sustainable.
4 provisions across 2 enactments
S.Ramiah
The District Collector / Appellate Tribunal, For Senior Citizen Maintenance & Welfare, Pudukkottai District
Revenue Divisional Officer / Tribunal for Senior Citizen Maintenance & Welfare, Pudukkottai Division
The Sub Registrar, Thirumayam
Jayaprakash
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
