M.Kuppusamy v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-08-2025
CORAM
THE HONOURABLE MRS JUSTICE N.MALA M.Kuppusamy, S/o.Munusamy, No.1/86,Main Road, Agoor Village and Post, Tindivanam Taluk, Villupuram District-604 206.
Petitioner(s) Vs The Sub Collector, Tindivanam, Villupuram District.
Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondent to register and take the petitioner's application dated 03.07.2024 filed under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 on file, conduct enquiry and pass such further orders.
For Petitioner:
Mr.S.Siva For Respondent:
Mr.A.Anandan, Government Advocate 1/4
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to register and take the petitioner's application dated 03.07.2024 filed under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 on file and conduct enquiry.
2. The Petitioner, a 75-year-old resident of Agoor Village, Villupuram District, is the sole son of his parents and acquired agricultural properties through his own efforts. Out of love and trust, he executed two settlement deeds in 2020, transferring over six acres of land to his sons - one in favour of his elder son's minor child and the other in favour of his younger son. After a few months of initial care, both sons neglected him, refusing food, medical attention, and basic necessities. Struggling in old age, he filed an application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 03.07.2024, seeking cancellation of the settlement deeds. Despite a reminder sent on 19.11.2024, no action was taken by the respondent authority. 2/4
3. The learned counsel for the petitioner submits that the respondent has failed in their duty under the Act to register and process his application, which seeks justice against the ill-treatment and abandonment by his sons. He submits that the inaction reflects a complete disregard for the objectives of the Act and constitutes a violation of his rights as a senior citizen. He submits that the petitioner's this vulnerable state has prompted him to file this present petition.
4. Learned Government Advocate appearing for the respondent submits that petitioner's application dated 03.07.2024 would be considered on merits, in accordance with law within a time frame stipulated by this Court.
5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, the respondent is directed to register and take the petitioner's application dated 03.07.2024 filed under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 on file and conduct an enquiry on merits, in accordance with law, and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.
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N.MALA, J.
In the result, the writ petition stands disposed of with the above observations and direction. No costs.
13-08-2025 cda/dsn To The Sub Collector, Tindivanam, Villupuram District.
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