Madras High CourtWP/8942/2022disposed of

M.Krishnan v. The District Collector

2026-03-03Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY M.Krishnan S/o. Marimuthu, Varma Garden, Chinna Killappatti, Kannankurichi Post, Salem 636 008, Salem District.

..Petitioner Vs

1. The District Collector Salem District, Salem.

2. The Revenue Divisional officer Attur, Salem District.

3. M.K.Napolean

4. 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)

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.

2. 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 2nd 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.

3. 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.

4. Heard both sides. Perused the records.

5. 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 2nd 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.

6. This Writ Petition is disposed of with the above directions. No costs. 03-03-2026 Index: Yes/No Speaking/Non-speaking order arr

1. The District Collector Salem District, Salem.

2. The Revenue Divisional officer Attur, Salem District.

KRISHNAN RAMASAMY, J.

arr 03-03-2026