Madras High Court
Valliammai vs The Presiding Officer on 1 March, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 19.12.2023
Pronounced on : 01.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
WP(MD)No.8864 of 2023
and
WMP(MD)Nos.8091 & 8093 of 2023
Valliammai ... Petitioner
vs.
1.The Presiding Officer, District Appellate Tribunal,
constituted under the
Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 cum
District Collector, Tenkasi District.
2.The Presiding Officer, Maintenance Tribunal,
constituted under the Maintenance and
Welfare of Parents and Senior Citizens Act, 2007
cum Revenue Divisional Officer,
Sankarankovil Division, Tenkasi District.
3.Palpandi
4.Gurusamy
5.Guruvammal
6.Selvi
7.Tamilarasi
8.Chelladurai ... Respondents
https://www.mhc.tn.gov.in/judis
1/13
(R4 to R8 are suo motu impleaded
vide order dated 11.12.2023)
Prayer : Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus to call for the records pertaining
to the impugned order passed by the first respondent in
Mu.Mu./COLR/11029/2022-B1 dated 28.12.2022 and quash the same
insofar as it not directs the third respondent to transfer the residential
property bearing Door No.4/18 comprised in Old Survey No.310/1, New
Survey No.1334/3 situated at Therku Theru, Duraisamiapuram, Thenmalai
Village, Sivagiri Taluk, Tirunelveli District to the name of the petitioner
herein and consequently direct the third respondent to re-convey the
residential property bearing Door No.4/18 comprised in Old Survey No.
310/1, New Survey No.1334/3 situated at Therku Theru,
Duraisamiyapuram, Thenmalai Village, Sivagiri Taluk, Tirunelveli District to
the name of the petitioner and put the petitioner in possession of the said
property.
For Petitioner : Mr.Maria Roselin J
For Respondents : Mr.K.Balasubramani,
Special Government Pleader for R1 and R2
Mr.Vishnuvardhan for R3
ORDER
The petitioner is the mother of the private respondents herein. She
settled the petition-mentioned property in favour of one of her sons/R3
herein vide settlement deed dated 18.09.2014. She subsequently moved
the Maintenance Tribunal under Section 23 of the Maintenance and
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Welfare of Parents and Senior Citizens Act, 2007 for cancelling document.
The Maintenance Tribunal vide proceedings dated 06.10.2022 gave certain
directions. Aggrieved by the same, the third respondent filed appeal
before the District Collector, Tenkasi. Vide order dated 28.12.2022, the
appellate authority confirmed the order passed by the Maintenance
Tribunal. Not satisfied with the same, this writ petition came to be filed by
the petitioner herein.
2.The petitioner feels aggrieved by the fact that the authorities did
not direct the third respondent to transfer the petition mentioned
residential property which is also covered by the settlement deed dated
18.09.2014 (Doc No.3069 of 2014). The learned counsel appearing for
the petitioner reiterated the contentions set out in the affidavit filed in
support of this writ petition and called upon this Court to grant relief as
prayed for.
3.I am not persuaded by the submission of the learned counsel
appearing for the petitioner. The power under Section 23 of the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can
be invoked by the Maintenance Tribunals only if the deed of conveyance
contains a condition as envisaged under the said provision. In this case, I
do not find any condition incorporated in the settlement deed. The
https://www.mhc.tn.gov.in/judis
recital is to the effect that since the third respondent was taking care of
her, she out of love and affection had settled the property in his favour.
The settlement deed confers absolute title on the third respondent. It is
also irrevocable in character. Section 23 of the Act came to be considered
by the Hon'ble Supreme Court in the decision reported in 2022 SCC
OnLine SC 1684 (Sudesh Chhikara v. Ramti Devi). It was held as
follows :
“13.When a senior citizen parts with his or her property by
executing a gift or a release or otherwise in favour of his or her near
and dear ones, a condition of looking after the senior citizen is not
necessarily attached to it. On the contrary, very often, such transfers
are made out of love and affection without any expectation in return.
Therefore, when it is alleged that the conditions mentioned in sub-
section (1) of Section 23 are attached to a transfer, existence of such
conditions must be established before the Tribunal.
14.Careful perusal of the petition under Section 23 filed by
respondent no.1 shows that it is not even pleaded that the release deed
was executed subject to a condition that the transferees (the daughters
of respondent no.1) would provide the basic amenities and basic
physical needs to respondent no.1. Even in the impugned order dated
22nd May 2018 passed by the Maintenance Tribunal, no such finding
has been recorded. It seems that oral evidence was not adduced by the
parties. As can be seen from the impugned judgment of the Tribunal,
immediately after a reply was filed by the appellant that the petition
was fixed for arguments. Effecting transfer subject to a condition of
providing the basic amenities and basic physical needs to the
transferor – senior citizen is sine qua non for applicability of sub-
section (1) of Section 23. In the present case, as stated earlier, it is not
https://www.mhc.tn.gov.in/judis
even pleaded by respondent no.1 that the release deed was executed
subject to such a condition.”
4.Therefore, the order impugned in this writ petition does not call
for any interference. However, the third respondent had filed an
undertaking affidavit. He states that he would maintain his mother. It is
also stated that the mother/the petitioner herein can very well reside in
the house. Recording the said undertaking given by the third respondent,
this writ petition stands disposed of. No costs. Consequently, connected
miscellaneous petitions are closed.
01.03.2024
Internet : Yes/No
Index : Yes/No
skm
To
1.The Presiding Officer, District Appellate Tribunal,
constituted under the
Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 cum
District Collector, Tenkasi District.
2.The Presiding Officer, Maintenance Tribunal,
constituted under the Maintenance and
Welfare of Parents and Senior Citizens Act, 2007
cum Revenue Divisional Officer,
Sankarankovil Division, Tenkasi District.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
SKM
and
WMP(MD)Nos.8091 &
8093 of 2023
01.03.2024
https://www.mhc.tn.gov.in/judis
