Tamilarasi Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

Tamilarasi Vs The District Collector — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to file a statutory appeal before the first respondent (District Collector/Appellate Tribunal); any such appeal presented on or before 09.03.2026 to be entertained without reference to the period of limitation; no order as to costs.

Issue for consideration

Whether the writ petition by a senior citizen challenging the Original Authority's rejection of her request for cancellation of the settlement deed should be entertained, given the availability of an effective alternative statutory appellate remedy under Section 11 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Court's answer

Section 11 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides an appellate remedy to a senior citizen; therefore this Court is not inclined to entertain the writ petition in view of the availability of an effective alternative remedy.

Ratio / Principle

The writ petition stands disposed of with liberty to the petitioner to approach the first respondent by way of filing a statutory appeal.

Key takeaways

If the statutory appeal is presented on or before 09.03.2026, it shall be entertained without reference to the period of limitation; there shall be no order as to costs.ratio¶28

Detailed headnote1 paragraphs

Senior Citizens Act, 2007 - Writ petition by a senior citizen (Madurai Bench, single judge R. Vijayakumar J.) challenging the order dated 27.08.2024 in Mu.Mu.No.1/3812/2024 of the Revenue Divisional Officer, Tribunal for Senior Citizens' Maintenance and Welfare, Devakottai, rejecting her request for cancellation of a gift settlement deed dated 27.02.2010 executed under Section 23 of the Act - Court declined to entertain the petition since Section 11 of the Act provides an effective appellate remedy - Petition disposed of with liberty to file a statutory appeal before the first respondent (District Collector/Appellate Tribunal); appeal presented on or before 09.03.2026 to be entertained without reference to limitation - No order as to costs.

W.P.(MD).No.22246 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 12.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.P(MD)No.22246 of 2025

Tamilarasi

... Petitioner

Vs.

1.The District Collector, The District Collector's Office Campus, Appellate Tribunal, Senior Citizens Maintenance and Welfare, Sivagangai District.

2.The Revenue Divisional Officer, Tribunal for Senior Citizens' Maintenance and Welfare, Devakottai, Sivagangai District.

3.Selvi.Kanniga Parameswari

4.Selvi.Mahalakshmi ... Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMUS quashing the impugned order of the 2nd respondent in Mu.Mu.No.1/3812/2024 dated 27.08.2024 and direct the 1st Respondent to cancel the gift settlement deed dated 27.02.2010 executed by the Petitioner

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W.P.(MD).No.22246 of 2025

under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and pass an order restraining the respondents 3 and 4 from interfering the peaceful possession and enjoyment of the petitioner.

For Petitioner : Mr.P.Gokulnaath For R1 & R2 : M/s.D.Farjana Ghoushia, Special Government Pleader For R3 & R4 : Mr.S.Harish

O R D E R

The present writ petition has been filed by a senior citizen challenging the order passed by the Original Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

A perusal of the order impugned in the writ petition reveals that the second respondent has rejected the request of the petitioner for cancellation of the settlement deed.

Section 11 of the said Act provides for an appellate remedy to a senior citizen. Therefore, this Court is not inclined to entertain the present writ petition in view of the availability of an effective alternative remedy.

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W.P.(MD).No.22246 of 2025

With the above observations, this writ petition stands disposed of,

with liberty to the petitioner to approach the first respondent by way of filing a statutory appeal. If such appeal is presented on or before 09.03.2026, the same shall be entertained without reference to the period of limitation. There shall be no order as to costs.

12.02.2026

NCC : Yes / No Index : Yes / No Internet : Yes / No pal

To

1.The District Collector, The District Collector's Office Campus, Appellate Tribunal, Senior Citizens Maintenance and Welfare, Sivagangai District.

2.The Revenue Divisional Officer, Tribunal for Senior Citizens' Maintenance and Welfare, Devakottai, Sivagangai District.

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W.P.(MD).No.22246 of 2025

R.VIJAYAKUMAR,J.

pal

W.P(MD)No.22246 of 2025

12.02.2026

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