M.Krishnan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

M.Krishnan Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Direction to the 2nd respondent (Revenue Divisional Officer, Attur) to conduct enquiry on the petitioner's complaint dated 03.12.2018 and forward the enquiry report to the Authority concerned for cancellation of the Settlement Deed executed by the petitioner, within eight weeks from receipt of a copy of the order; writ petition disposed of with the above directions, no costs.

Issue for consideration

Whether the 2nd respondent should be directed to forthwith consider and pass necessary orders on the petitioner's complaint dated 3.12.2018 (made under Section 23 read with Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking declaration of the Settlement Deed as null and void) within a stipulated period.

Court's answer

Recording the learned Government Advocate's submission that cancellation of the Settlement Deed sought by the petitioner could not be done in terms of Section 23 read with Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Court directed the 2nd respondent (Revenue Divisional Officer, Attur) to conduct an enquiry on the petitioner's complaint dated 03.12.2018 and forward the enquiry report to the Authority concerned for cancellation of the Settlement Deed executed by the petitioner.

Ratio / Principle

The enquiry and forwarding of the enquiry report to the Authority concerned for cancellation of the Settlement Deed were to be completed within a period of eight weeks from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Madras High Court (Krishnan Ramasamy, J.) | WP No. 8942 of 2022 | Decided 03-03-2026 | Disposed. A senior-citizen petitioner (M.Krishnan) who had executed a Settlement Deed in favour of his sons (respondents 3 and 4, M.K.Napolean and M.K.Soccratees) settling 2.64 Acres in Survey No.153/3 at Manivilundan Village, Salem District, complained that the sons failed to maintain him. His complaint dated 03.12.2018 to the 2nd respondent (Revenue Divisional Officer, Attur) under Section 23 read with Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking declaration of the Settlement Deed as null and void, remained unactioned, prompting this Article 226 mandamus petition. The learned Government Advocate submitted that cancellation of the Settlement Deed could not be done in terms of Section 23 read with Section 7 of the 2007 Act, and that enquiry would be conducted and appropriate orders passed within eight weeks. Recording that submission, the Court directed the 2nd respondent to conduct an enquiry on the complaint dated 03.12.2018 and forward the enquiry report to the Authority concerned for cancellation of the Settlement Deed, within eight weeks from receipt of a copy of the order. Petition disposed of; no costs.

WP No. 8942 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 8942 of 2022

M.Krishnan

S/o. Marimuthu, Varma Garden, Chinna Killappatti, Kannankurichi Post, Salem 636 008, Salem District.

..Petitioner

Vs

The District Collector Salem District, Salem.

The Revenue Divisional officer Attur, Salem District.

M.K.Napolean

M.K.Soccratees

..Respondents

Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 2nd respondent to forthwith consider and pass necessary orders on the complaint of the petitioner dated 3.12.2018 within a stipulated period.

For Petitioner: Mr.K.Selvaraj For Respondents: Mr.P.Ganesan (R1 and R2) Government Advocate Mr.L.Mouli (R3 and R4)

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WP No. 8942 of 2022

ORDER

This Writ Petition has been filed seeking for a direction to the 2nd respondent to forthwith consider and pass necessary orders on the complaint of the petitioner dated 3.12.2018 within a stipulated period.

The learned counsel appearing for the petitioner would submit that the petitioner is a senior citizen and he executed a Settlement Deed in favour of his sons who are the respondents 3 and 4 in this writ petition by settling his property measuring 2.64 Acres in Survey No.153/3 at Manivilundan Village, Salem District. Since the said respondents failed to maintain the petitioner, he made a complaint before the 2^nd respondent under Section 23 read with Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 03.12.2018, to declare the Settlement Deed as null and void. But no action has been taken on the same till date. Hence this petition.

The learned Government Advocate appearing for the respondents 1 and 2 would submit since the cancellation of the Settlement Deed sought for by the petitioner could not be done in terms of Section 23 read with Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, enquiry will be conducted and appropriate orders will be passed on the complaint made by the petitioner on 03.12.2018, within a period of eight weeks.

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WP No. 8942 of 2022

Heard both sides. Perused the records.

Recording the submission made by the learned Government Advocate

appearing for the respondents 1 and 2, since the Settlement Deed could not be cancelled in terms of Section 23 read with Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the 2^nd respondent is directed to conduct enquiry on the complaint given by the petitioner on 03.12.2018 and forward the enquiry report to the Authority concerned for cancellation of Settlement Deed executed by the Petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above directions. No costs.

03-03-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No arr

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WP No. 8942 of 2022

To

The District Collector Salem District, Salem.

The Revenue Divisional officer Attur, Salem District.

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WP No. 8942 of 2022

KRISHNAN RAMASAMY, J.

arr

WP No. 8942 of 2022

03-03-2026

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WP No. 8942 of 2022

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