Madras High CourtWP(MD)/28140/2025disposed of

Chandrakala v. The Revenue Divisional Officer Cum Maintenance Tribunal

2026-06-04Honourable Mr.Justice Hemant Chandangoudar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P(MD) No. 28140 of 2025 and W.M.P(MD)No.21872 of 2025 Chandrakala .. Petitioner - Vs. -

1. The Revenue Divisional Officer Cum Maintenance Tribunal, Under the Maintenance and Welfare of Parents- and Senior Citizens Act, Madurai District.

2. Ammasi . Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari by calling for the entire records pertaining to the impugned proceedings of the 1st respondent in Pa.Mu.No. 494/2024/H dated 15.03.2024 and quash the same.

For Petitioner(s) : Mr.Jerin Mathew for Mr. M.Thiyagarajan For Respondent(s) : Mr.M.Mahaboob Athiff, Government Advocate for R1 1/4

ORDER

This Writ Petition has been filed challenging the order dated 15.03.2024 passed by the first respondent.

2. It is seen that an effective and efficacious statutory remedy of appeal is available against the impugned order under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Without exhausting the said statutory remedy, the petitioner has approached this Court by filing the present writ petition.

3. When a statutory appeal is available, this Court would ordinarily decline to exercise its jurisdiction under Article 226 of the Constitution of India, unless exceptional circumstances are made out. No such exceptional circumstance has been demonstrated in the present case.

4. Accordingly, this Writ Petition is disposed of, reserving liberty to the petitioner to prefer an appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the competent appellate authority.

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5. If such an appeal is filed within a period of one week from the date of receipt of a copy of this order, the appellate authority shall entertain and consider the same on its own merits and in accordance with law, without rejecting it on the ground of limitation.

6. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

04.06.2026 Index :Yes / No NCC :Yes / No PJL To The Revenue Divisional Officer Cum Maintenance Tribunal, Under the Maintenance and Welfare of Parents- and Senior Citizens Act, Madurai District.

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HEMANT CHANDANGOUDAR, J.

PJL 04.06.2026 4/4