M.Saraswati v. The District Magistrate Cum District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/02/2026

CORAM

THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR M.Saraswati, ... Petitioner Vs

1. The District Magistrate Cum District Collector, Appellate Authority, Maintenance and Welfare of Parents and Senior Citizens Tribunal, Office of the District Collector, Ramanathapuram District, Ramanathapuram.

2. The Sub-Collector-Cum First Class Executive Magistrate, Presiding Officer, Maintenance and Welfare of Parents and Senior Citizens Tribunal, Paramakudi, Ramanathapuram District.

3. M.Karthikeyan, S/o.(Late)mani,

4. M.Thirupathi, S/o.(Late) Mani, ... Respondents 1/4

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent in Pa.Mu.(A2)/3019/2022 dated 15.02.2023, quash the same as illegal and consequently direct the 2nd respondent to declare the Gift Settlement Deed dated 08.05.2009 in document no. 1981 of 2009 as void and restore the property title to the petitioner. For Petitioner : Mr.Sankarapandian S, For R1 and R2 : Mr.M.Senthil Ayyanar, Government Advocate (Crl.Side)

ORDER

The present writ petition has been filed by the senior citizen seeking to quash the impugned order passed by the second respondent herein, wherein he had rejected the request of the petitioner for cancellation of the settlement deed.

2. As per the Maintenance and Welfare of Parents and Senior Citizens Act 2007, the writ petitioner is having an effective alternative statutory remedy of appeal under Section 16 of the said Act. However, 2/4

the learned counsel appearing for the writ petitioner submitted that due to age related ailments, the writ petitioner could not prefer an appeal to the first respondent in time and hence, the present writ petition has been filed.

3. Considering the above facts, the petitioner is directed to prefer an appeal to the first respondent. If any appeal is filed on or before 27.02.2026, the same shall be entertained by the first respondent without any reference to the period of limitation.

4. With the above observations, this writ petition is disposed of. No Costs.

04.02.2026 tta Note: The Registry is directed to return the original impugned order after getting necessary acknowledgment from the learned counsel appearing for the writ petitioner.

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R.VIJAYAKUMAR,J tta

ORDER

IN WP(MD) No.2917 of 2026 Date : 04/02/2026 4/4