L.Magesh v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 36469 and 36470 of 2023 L.Magesh ... Petitioner -vs1. The Revenue Divisional Officer cum Authority under Senior Citizen Welfare and Maintenance Act, Chengalpattu District.

2. Sub Registrar, Thiruporur Taluk, Chengalpattu District.

3. C.Logu ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records in Na. Ka. No. A1/2022/2023 dated 22.11.2023, on the file of the First Respondent and quash the same as illegal, incompetent and without jurisdiction. For Petitioner : Mr. M.Muruganantham For Respondents : Mr. S.J.Mohamed Sathik, Government Advocate (for R1) Mr. U.Baranidharan, Additional Government Pleader (for R2) 1/6

Mr. K.Duraimurugan (for R3)

O R D E R

Heard Mr. M.Muruganantham, Learned Counsel for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate appearing for the First Respondent, Mr. U.Baranidharan, Learned Additional Government Pleader appearing for the Second Respondent and Mr. K.Duraimurugan, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Third Respondent, who is a Senior Citizen, had executed a settlement-deed dated 14.07.2022 registered as Document No. 15568 of 2022 in the office of the Sub-Registrar, Thiruporur transferring his property in favour of the Petitioner, who is his son. He had made an application invoking Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act' for short) for treating that settlement-deed as void before the First Respondent, which was granted by Order in Na. Ka. No. A1/2202/2023 dated 22.11.2023 and is challenged in this Writ Petition.

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3.

It is clear from the plain language of Section 23 of the Act that its benefit would be applicable only when there is a specific clause in the instrument of transfer that the transferee has an obligation to provide the basic amenities and needs of the senior citizen and he has refused or failed to carry out such condition, which is fortified by the ruling of the Hon'ble Supreme Court of India in the decision in Sudesh Chhikara -vs- Ramti Devi (Order dated 06.12.2022 in Civil Appeal No. 174 of 2021) holding the field. In this case, the requisite clause to avail the remedy in Section 23 of the Act mentioned supra is absent. Afortiori, the bar of jurisdiction of the Civil Court to entertain suit for such relief created under Section 27 of the Act would not arise. 4.

In view of the foregoing discussion, the impugned order dated 22.11.2023 passed by the First Respondent treating the settlement-deed dated 14.07.2022 registered as Document No. 15568 of 2022 in the office of the Sub-Registrar, Thiruporur as void, which cannot be sustained, is set aside. However, it is hastened to clarify here that it would not preclude the Third Respondent from working out his remedies under common law including Section 31 of the Specific Relief Act, 1963, for appropriate relief. It is needless to add here that no view has been expressed by the Court on the merits of the 3/6

controversy involved in the matter.

5.

At this stage, Learned Counsel for the Petitioner submits that the Petitioner would pay a sum of Rs. 20,000/- per month as maintenance to the Third Respondent and the arrears from January 2024 would be paid in due course along with the amount falling every month on the due dates, and he has made an endorsement to that effect in the court record, which shall be enforceable as if it is an order passed by the Concerned Authority under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and shall be without prejudice to the rights of the Fifth Respondent to seek any further amount towards maintenance that he may be entitled under law. In the result, the Writ Petition is ordered on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs. 26.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 17.04.2024.

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To

1. The Revenue Divisional Officer cum Authority under Senior Citizen Welfare and Maintenance Act, Chengalpattu District.

2. The Sub Registrar, Thiruporur Taluk, Chengalpattu District.

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P.D. AUDIKESAVALU, J.

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