Vinukumar R v. The Sub Divisional Magistrate Cum- Sub Collector-Cum Tribunal Officer

.BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.12265 of 2022 and W.M.P(MD).Nos.8712 and 16270 of 2022 R.Vinukumar .. Petitioner Vs 1.The Sub Divisional Magistrate-Cum-Sub Collector -Cum -Tribunal Officer, Under Parents and Senior Citizen Maintenance Act, 2007, Padmanabhapuram, Kanyakumari District.

2.C.Rajakumar 3.R.Vijilkumar .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order passed by the first respondent in his proceedings in Mu.Mu.(A2)/2202/2022 dated 07.04.2022 and quash the same as illegal. For Petitioner : Mr.G.Aravinthan For Respondents : Mr.D.Sasikumar Additional Government Pleader (for R1) Mr.K.P.Krishnadoss (for R2) R3-left 1/5

ORDER

This writ petition has been filed to quash the impugned order passed by the first respondent in his proceedings in Mu.Mu.(A2)/2202/2022 dated 07.04.2022, cancelling the settlement deed executed by the second respondent, father of the petitioner, under Section 23(1) of the Senior Citizenship Maintenance and Welfare Act.

2. Heard the learned counsel on either side.

3. Today, an undertaking affidavit has been filed by the wife of the petitioner on the instructions of her husband, in which, it has been stated as follows:

"13.Due to avocation of my husband at abroad, on his instructions, I am filing this undertaking affidavit. My husband and me always have no objection to my father in law and my mother-in-law staying at our house. Likewise, every month before 5th of the English Calendar my husband will pay Rs.5,000/- (Rupees Five Thousand only) for my father-in-law and Rs.5,000/- (Rupees Five Thousand only) for my mother-in-law till their life time.

14.I apprehend that the second respondent must not create any disturbance to me or my husband based on the insistence of 2/5

the third respondent in future and I require the first respondent to get such an assurance from the second and third respondents in this regard."

4. Recording the same, this Writ Petition is allowed and the impugned order passed by the first respondent in Mu.Mu.(A2)/2202/2022 dated 07.04.2022 is hereby quashed.

5. The learned counsel appearing for the second respondent would request that the amount may be deposited to the following bank accounts. The details of the bank accounts read as follows: Mother (Roselate) SBI Bank: (Muttakkad Branch) Ac.No.67147046939 Father (Rajakumar/second respondent) SBI Bank: (Muttakkad Branch) Ac.No.67382667131

6. The learned counsel for the petitioner also undertakes to comply with the above request.

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7. The petitioner is directed to deposit the amount of Rs.5,000/- into the aforesaid accounts respectively, on or before 5th day of every succeeding English calendar month, commencing from December-2025 onwards. This Court believes the petitioner and his brother, third respondent herein, will take care of their parents in times of medical needs. No costs. Consequently, connected Miscellaneous Petitions are closed. 28.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To 1.The Sub Divisional Magistrate-Cum-Sub Collector -Cum -Tribunal Officer, Under Parents and Senior Citizen Maintenance Act, 2007, Padmanabhapuram, Kanyakumari District.

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P.T.ASHA, J.

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