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S.Subramanian vs The District Collector
2025 Latest Caselaw 3624 Mad

Citation : 2025 Latest Caselaw 3624 Mad
Judgement Date : 6 March, 2025

Madras High Court

S.Subramanian vs The District Collector on 6 March, 2025

Author: S. M. Subramaniam
Bench: S. M. Subramaniam
    2025:MHC:788

                                                                                              W.A.No.195 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 06.03.2025

                                                          CORAM

                              THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM
                                                             AND
                                    THE HON'BLE MR. JUSTICE K. RAJASEKAR


                                             Writ Appeal No.195 of 2025
                                                          and
                             Civil Miscellaneous Petition Nos.1327, 1328 & 1330 of 2025


                 S.Subramanian                                                            ... Appellant
                                                               Vs.
                 1. The District Collector,
                    Collectorate Building,
                    Coimbatore – 641 018.

                 2. The Revenue Divisional Officer,
                    Coimbatore North,
                    Koundampalayam, Coimbatore.

                 3. Mrs.S.Angathal                                                        ... Respondents

                                    Writ Appeal filed under Clause 15 of Letters Patent Act,
                 against the order dated 09.09.2024 in W.P.No.32738 of 2022.


                           For Appellant       : Mr.C.R.Prasanan

                           For R1 & R2         : Mr.E.Veda Bagath Singh
                                                 Special Government Pleader (HR & CE)

                           For R3              : Mr.N.Manokaran

https://www.mhc.tn.gov.in/judis                 ( Uploaded on: 26/03/2025 11:01:07 am )


                 1/23
                                                                                         W.A.No.195 of 2025


                                                      JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)

Under assail is the order dated 09.09.2024 in W.P.No.32738 of 2022.

2. The matter arises under the Maintenance and Welfare of Parents

and Senior Citizens Act, 2007 (herein after referred as Senior Citizens Act).

3. The writ petitioner is the appellant before this Court. The appellant

is the son of the third respondent. The third respondent / Senior Citizen

instituted a complaint before the competent authority under the Senior

Citizens Act seeking cancellation of the Settlement deed executed by her, in

favour of her son/appellant on the ground that she was neglected by her son,

after getting the Settlement deed executed by force and coercion.

4. The competent authority/Revenue Divisional Officer on receipt of

complaint from the third respondent/senior citizen issued notice to the

appellant and conducted an enquiry as contemplated under the Act.

5. The written statement of the senior citizen and the appellant/son

were recorded by the Revenue Divisional Officer. The third respondent

raised serious allegations against the appellant/son that she was subjected to https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

harassment both mentally and physically. The physical harassment caused

to the senior citizen are narrated in her complaint which all are recorded by

the Revenue Divisional Officer in the final order dated 25.05.2022.

Opportunity was given to the parties. Considering the statement of the

senior citizen and the appellant and by conducting an enquiry, the

competent authority formed a final opinion that the senior citizen was

neglected by her own son and Settlement deed was executed by coercion

and fraud. Thus, the Settlement deed was cancelled by the competent

authority. The District Collector confirmed the order. An appeal was filed

by the appellant. Though the appeal filed by the son or daughter of the

senior citizen is not maintainable under the Act, the District Collector has

gone in to the merits and made findings that the facts and circumstances

recorded by the Revenue Divisional Officer has been established. The

findings of the District Collector also in conformity with the order passed by

the Revenue Divisional Officer. Thus, the appellant preferred writ petition.

6. The writ Court independently considered the merits elaborately

with reference to the allegations raised between the parties. The writ Court

tested the validity of the order passed by the Revenue Divisional Officer in

the context of Section 23 of the Senior Citizens Act. It is found that the

settlement deed executed( Uploaded https://www.mhc.tn.gov.in/judis is squarely falling on: 26/03/2025 11:01:07under am ) Sub Section (1) to

Section 23 and by adopting a holistic approach the writ Court held that the

settlement deed was deemed to have been made by fraud or coercion or

undue influence, which is the implied condition contemplated under Section

23 (1) of the Senior Citizen Act.

7. The learned counsel for the appellant would mainly contend that

the facts or otherwise and the allegations of harassment both physically and

mentally had not been established before the competent authority. The

allegations raised by the senior citizen before the authority occurred prior to

execution of settlement deed and the same cannot be relied upon. The

appellant always expressed his willingness to maintain the third respondent

mother and it is, she, who accompanied her brother and in order to cancel

the settlement deed such complaint has been filed based on wrong facts. The

brother of the senior citizen is the brain behind this complaint and therefore

the present writ appeal is to be considered. It is contended that there is no

specific finding with reference to such nature of allegations of cruelty

against the appellant in the order impugned passed by the Revenue

Divisional Officer. Thus, the present appeal is to be considered.

8. The learned counsel for the appellant relied on the Judgement in

the case of Sudesh Chikara vs. Ramti Devi and Another reported in (2022) https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

SCC Online SC 1684. In paragraph No.14 of the said Judgment as follows:

“14. 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.”

9. Mr.N.Manokaran, learned counsel appearing on behalf of the third

respondent would oppose by stating that the legal principles are considered

by the Courts elaborately in number of Judgments. Even in the case of

Sudesh Chikara relied on by the appellant in paragraph No.13, the Hon'ble

Supreme Court observed that “condition of looking after the senior

citizen is not necessarily attached to the gift or settlement. On the

contrary, very often, such transfers are made out of love and affection

without any expectation in return”. Therefore, paragraph No.14 is to be

read along with paragraph No.13, which would clarify that the condition

under Section 23(1) may either be expressed or implied. However,

establishing the requirement as contemplated for forming an opinion to

cancel the document under Section 23(1) is to be taken into account.

10. Mr.N.Manokaran, learned counsel would further contend that in https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

the present case, the third respondent mother was subjected to harassment

both mentally and physically. Twice, the senior citizen made an attempt to

commit suicide. She was admitted in hospital. Her brother has taken care of

her and the complaint itself reveals that the circumstances let to filing of the

complaint under the Senior Citizen Act. Twice, the appellant forced the

third respondent to execute Will and finally, under force, the settlement

deed was executed. The entire facts are narrated in the complaint given by

the third respondent under the Senior Citizen Act.

11. Perusal of the complaint reveals about the nature of harassment

and mental agony caused to the senior citizen. The RDO considered the

statement given by the senior citizen and the explanations furnished by the

appellant. No doubt, there is no categorical finding about the allegations

raised and the explanations submitted. However, the averments in the

complaint and the explanations given by the appellant are considered by the

RDO and a final opinion was formed. The nature of proceedings being

summary in nature merely the ground raised by the appellant is

unacceptable. The harassment stated by the Senior Citizen is not unreliable.

12. The learned Single Judge in the writ order impugned elaborately

considered the scope of the provisions of the Senior Citizen Act and further https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

held that the conditions under Section 23 (1) can be either express or

implied. If there is no express recital in the deed, it has to look around

circumstances to find out whether conduct otherwise dispel the intention of

donor to revoke. The consideration for executing a gift deed or settlement

deed is based on human conduct, caring and conscientious. Therefore

transfer is out of love and affection. This exactly is the principles

elaborately considered in several judgments.

13. LEGAL POSITION:

The Maintenance and Welfare of Parents and Senior Citizens

Act, 2007 (MWPSC Act, 2007) plays a crucial role in promoting the well-

being and dignity of senior citizens in India. It provides a legal framework

for ensuring financial security, health care access, and property protection

for the elderly. By holding children and relatives accountable for the

maintenance of their elderly family members, the act discourages neglect,

abandonment, and abuse of senior citizens.

2. The Constitution of India also recognizes the need for State

intervention in taking measures to create suitable framework for the

protection of elderly persons. As per the Article 41 under Directive

Principles of State Policy: “the State shall, within the limits of its

economic capacity and development, make effective provision for securing https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

right to work, to education and to public assistance in case of

unemployment, old age, sickness and disablement, and in other cases of

undeserved want.”

3. The MWPSC Act, 2007 is based on the vision of Article 41

of the Constitution. It was enacted by the Parliament to protect the rights

and interests of senior citizens and enable them to lead a life with dignity

and respect. It further aims to provide a comprehensive framework for

ensuring the well-being of senior citizens in India.

LEGISLATIVE INTENT OF THE ACT:

4. The parliament enacted the Senior Citizens Act to uphold the

dignity and respect of a senior citizen at the time of old age. State had

serious concern about the challenge faced by the people in their old age.

Apart from physical vulnerabilities, they face emotional and psychological

challenges. On account of these frailties, they are totally dependent. The

moral laws formulated through the legislation is necessary to rationalise the

well being of all in the society. The moral values that prevailed in the

society in the past have been accepted as universal values. The State in its

wisdom, considering the acceptance of these values, seeks to promote the

common good through the Senior Citizens Act. These values carried duties

and obligations.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

5. Section 23 of the Senior Citizens Act, 2007 gives right to senior

citizens to approach the Tribunal to declare any transfer of property, by way

of gift or otherwise, after the commencement of the above Act, as void, in

certain circumstances.

6. It stipulates that such transfer must be with the condition that

(a) transferee shall provide the basic amenities and basic

physical needs to the transferor and;

(b) such transferee refuses or fails to provide such amenities

and physical needs.

7. Therefore, a deed can be declared as void on fulfilling the two

conditions enumerated as above, declaring transfer as a fraud or coercion or

under undue influence, as the case may be at the option of the transferor.

BENEFICIAL CONSTRUCTION AND THE PROTECTION OF

SENIOR CITIZENS ACT, 2007:

8. Justice Krishna Iyer, advised: “Recall the face of the poorest and

the weakest man whom you may have seen, and ask yourself, if the step you https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

contemplate is going to be of any use to him”.

9. The preamble of the Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 underscores the need for effective provisions to

secure the maintenance and welfare of parents and senior citizens, as

guaranteed under the Constitution. Being a beneficial piece of legislation,

it is necessary to interpret it liberally to ensure that the intent of the

legislation is fulfilled and the rights and dignity of senior citizens are

effectively protected.

10. Section 23 is ordained to protect senior citizens and ensure their

welfare, and must receive a liberal and beneficial reading. When two or

more views are possible, then it is duty of the Court to interpret a provision,

especially a beneficial legislation, liberally so as to give it wide meaning

rather than a restrictive meaning.

11. The duty of the judge is to interpret a statute in a way that

suppresses the mischief it seeks to prevent and promote the intended

remedy. If the usual meaning of the language does not fully capture the

legislature's objective, a broader interpretation may be applied, provided the

words can reasonably support such a meaning.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

12. The Delhi High Court in Prafulla Samantra vs. Ministry of

Environment & Forests1 held that ‘A well-established rule of

interpretation is that a beneficial statute be given a purposive construction,

to further legislative intention, if literal interpretation thwarts’.

13. In the case of Hindustan Level Ltd vs. Ashok Vishnu Kate2, the

court held that during interpreting social welfare legislation, a construction

should be placed on the relevant provisions which furthers the purpose for

which such legislation was enacted.

14. In Urmila Dixit vs. Sunil Sharan Dixit and Others3, the Supreme

Court clarified that Section 23 of Senior Citizens is not a standalone

provision, as Section 23 cannot be read in isolation as it directly reflects the

statutory purpose of safeguarding senior citizens, thus demanding a

purposive approach. The Court held, if a gift deed does not explicitly

mention maintenance, it should be interpreted pragmatically to prevent

neglect of the elderly.

15. As the remedial nature of legislation expands, the importance of 1 159 (2009) DLT 604 2 (1995) SCC 1385 3 2025 SCC Online SC 2 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

beneficial construction continues to grow. However, the primary duty of the

Court is to safeguard the legislative intent while ensuring that the law serves

its intended purpose. While liberal interpretation is essential to uphold the

protective framework of welfare statutes, the Court must also maintain the

separation of powers and refrain from rewriting or legislating the law

beyond what the legislature intended. A balanced approach must be adopted

that advances the remedy without distorting the statutory framework,

ensuring that senior citizens receive the protection and dignity that the law

envisions for them.

SECTION 23(1) OF THE SENIOR CITIZENS ACT, 2007:

16. Section 23(1) of the Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 is designed to protect senior citizens in situations

where they transfer their property, either through a gift or settlement, with

the expectation that the transferee will provide for their basic amenities and

physical needs. If the transferee fails to meet these obligations, the senior

citizen has the option to seek a declaration from the Tribunal to void the

transfer.

17. The phrase “subject to the condition that the transferee shall

provide the basic amenities” in the statute is not meant to imply that https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

such a condition must be explicitly stated in the Gift or Settlement

Deed. The interpretation of this provision is broader. It should be

understood in the context of the second part of the provision, which states

that the transfer may be deemed to have been made under fraud, coercion, or

undue influence, if the transferee fails to provide the agreed-upon care.

The condition to provide for the senior citizen’s maintenance is implied,

based on the relationship between the senior citizen and the transferee,

typically one of familial love and affection.

18. In other words, the Act acknowledges that property transfers from

senior citizens, especially to children or close relatives, are often motivated

by love and affection. The senior citizen's decision to transfer property is

not merely a legal act but one made with the hope of being cared for in their

old age. This love and affection become an implied condition in the

transaction, even if the transfer document itself does not explicitly state it. If

the transferee does not provide the promised care, the senior citizen can

invoke Section 23(1) to have the transfer annulled.

19. The law does not require an express condition in the document

for maintenance. Instead, it recognizes that love and affection serve as the

consideration for the transfer and that this implicit condition is enough https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

to invoke the provision in case of neglect. The Tribunal, in such instances,

is empowered to declare the deed null and void, based on the violation of

this implied condition.

20. The Act's overarching goal is to safeguard the security and

dignity of senior citizens. In cases where familial conduct fails to live up to

expectations, and the senior citizen’s welfare is not protected, Section 23(1)

ensures that the senior citizen can seek legal relief.

21. Thus, Section 23(1) emphasizes the protection of senior citizens

from exploitation or neglect after they have transferred property in

trust, often based on love and affection. The law provides an important

safeguard, recognizing that these transfers are typically made with an

implicit understanding that the senior citizen will be cared for in their old

age. If the transferee fails in this duty, the transfer can be annulled, ensuring

that the senior citizen's dignity and security are upheld.

CASE LAWS ON SENIOR CITIZENS ACT:

22. The Three Judges Bench of the Hon'ble Supreme Court of India in

the case of S.Vanitha vs. Deputy Commissioner, Bengaluru Urban District

and Others4, elaborately considered the legislative scheme, rights of 4 2021 15 SCC 730 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

residence, safeguarding against domestic violence etc. In Paragraph No.24

of the judgment, the Apex Court considered the distinction between sub-

sections (1) and (2) of Section 23. The conditions stipulated expressly have

been considered by the Court, but the scope of interpretation, the beneficial

construction and the need for the protection needs to be extended impliedly

under the Senior Citizens Act, have not been examined into by the Apex

Court in S.Vanitha's case cited supra. Therefore, the expressed provision

made under Section 23(1) of the Act is one aspect of the matter and the

scope of certain implied benefits conferred under Section 23 to the Senior

Citizens is another aspect of the matter, which is to be considered by this

Court in the context of the facts of each case.

23. In the case of Sudesh Chhikara vs. Ramti Devi and Others5 in

paragraph No.13, the Hon'ble Supreme Court made an observation as under,

“........

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.”

24. The Hon'ble Supreme Court in the above case regarding the scope

5 MANU/SC/1581/2022 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

of Section 23(1) of the Act, made an observation that “On the contrary,

very often, such transfers are made out of love and affection without any

expectation in return”. It would be sufficient to form an opinion that the

Apex Court considered the implied conditions in the said case. However, the

Apex Court further observed by stating that, if it is alleged that the

conditions mentioned in sub-section (1) of Section 23 are attached to a

transfer, the existence of such conditions must be established. Therefore, the

Apex Court considered that, very often transfers are made out of love and

affection, and in the event of any conditions expressly made in the

document, it must be established.

25. Importantly, in Urmila Dixit's case cited supra, the Hon'ble

Supreme Court further clarified the scope of Senior Citizens Act in

Paragraph Nos.23, 24 and 25, which reads as under,

“......

23. The Appellant has submitted before us that such an undertaking stands grossly unfulfilled, and in her petition under Section 23, it has been averred that there is a breakdown of peaceful relations inter se the parties. In such a situation, the two conditions mentioned in Sudesh (supra) must be appropriately interpreted to further the beneficial nature of the legislation and not strictly which would render otiose the intent of the legislature. Therefore, the Single Judge of the High Court and the tribunals below had rightly held the Gift Deed to be cancelled since the conditions for the well-being of the senior citizens were not complied with. We are unable to agree with the view taken by the Division Bench, because it takes a strict view of a beneficial legislation. https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

24. Before parting with the case at hand, we must clarify the observations made vide the impugned order qua the competency of the Tribunal to hand over possession of the property. In S. Vanitha (supra), this Court observed that Tribunals under the Act may order eviction if it is necessary and expedient to ensure the protection of the senior citizen. Therefore, it cannot be said that the Tribunals constituted under the Act, while exercising jurisdiction under Section 23, cannot order possession to be transferred. This would defeat the purpose and object of the Act, which is to provide speedy, simple and inexpensive remedies for the elderly.

25. Another observation of the High Court that must be clarified, is Section 23 being a standalone provision of the Act. In our considered view, the relief available to senior citizens under Section 23 is intrinsically linked with the statement of objects and reasons of the Act, that elderly citizens of our country, in some cases, are not being looked after. It is directly in furtherance of the objectives of the Act and empowers senior citizens to secure their rights promptly when they transfer a property subject to the condition of being maintained by the transferee.”

26. The Apex Court in the above judgment has considered the case

of S.Vanitha cited supra. The Hon'ble Supreme Court in the case of Urmila

Dixit cited supra culled out the legal proposition that, even an implied

condition i.e., love and affection for execution of gift or settlement deed

would be sufficient enough for nullifying the documents. The intent of the

legislature has been considered by the Apex Court.

27. In the case of Mohamed Dayan vs. The District Collector, https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

Tiruppur District and Others6, the Single Judge of this Court (SMSJ)

considered the scope of the Senior Citizens Act and the judgment of the

Kerala High Court was also taken into consideration. The relevant

paragraphs are extracted herein under,

“.......

34. In the context of the adoption of the phrase “lead a normal life” Rule 20(2)(i) of the Maintenance of Senior Citizen Rules, enumerates that “it shall be the duty of the District Collector to ensure that life and property of senior citizens of the District are protected and they are able to live with security and dignity”. Therefore, normal life includes security and dignity. Thus the normal life as indicated under Section 4(2) of the Act, is not mere life, but a life with security and dignity. In the context of Article 21 of the Constitution of India, life includes decent medical facility, food, shelter with dignity and security. All such combined necessities of human life is falling under the term “Normal Life” emboldened under Section 4(2) of the Senior Citizen Act. Therefore, simply providing food and shelter would be insufficient. But life includes providing of decent medical facilities, food, shelter and other requirements with dignity in commensuration with the status of the family and taking into consideration of the living style of the senior citizen throughout. ..................

..................

38. The Kerala High Court observed in the case of Radhamani and Others (cited supra), Section 23(1) of the Senior Citizen Act, cannot be interpreted to the disadvantage of the senior citizen. Section 23(1) of the Act contemplates that “Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to 6 MANU/TN/5114/2023 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal”. The phrase “ subject to the condition that the transferee shall provide the basic amenities” does not mean that the Gift or Settlement Deed should contain any such condition expressly. “Subject to the condition” as employed in Section 23(1), is to be holistically understood with reference to the subsequent phrase i.e., “deemed to have been made by fraud or coercion or undue influence”.Both the phrases would amplify that the deeming clause should be considered so as to form an opinion that the phrase “subject to condition” amounts to an implied condition to maintain the senior citizen and any violation would be sufficient for the purpose of invoking Section 23(1) of the Act, to cancel the Gift or Settlement Deed executed by the senior citizen.

.....................

....................

41. The entire purpose and object of the Senior Citizens Act, is to consider the human conduct towards them. When the human conduct is indifferent towards senior citizen and their security and dignity are not protected, then the provisions of the Act, is to be pressed into service to safeguard the security and dignity of senior citizen. Therefore, the purposive interpretation of the provisions are of paramount importance and Section 23 of the Act, cannot be mis-utilised for the purpose of rejecting the complaint filed by the senior citizen on the ground that there is no express condition for maintaining the senior citizen. Even in the absence of any express condition in the document, “Love and Affection” being the consideration for execution of Gift or Settlement Deed, such love and affection becomes a deeming consideration and any violation is a ground to invoke Section 23(1) of the Act. Thus there is no infirmity in respect of the order passed by the second respondent in the present case.”

28. In the case of Radhamani and Others vs. State of Kerala7, the 7 2015 SCC OnLine Ker 33530 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

learned Single Judge of the Kerala High Court considered Section 122 of

Transfer of Property Act, 1882. In paragraph No.11 of the judgment, it is

observed that, “Section 23 of the Senior Citizens Act, 2007 does not

contemplate that the condition should form part as recital in the deed of

transfer. It only refers that there should be a condition for such transfer.

This condition can be either express or implied. If there is no express

recital in the deed, the Tribunal has to look around circumstances to find

out whether conduct otherwise dispel the intention of donor to revoke. The

consideration for executing a gift deed or settlement deed is based on

human conduct, caring and conscientious. Transfer admittedly is out of love

and affection. Any donor in a gift deed would expect in a natural course of

human conduct that donee continues to behave in same manner as behaved

before execution of the deed. The love and affection influenced for

execution of the deed certainly must be enduring and without any barrier.”

It is further stated that,

“..........

11. It is to be noted that the special scheme in terms of Senior Citizens Act, 2007 could declare certain transfer as void, taking note of the fact that by taking advantage of the emotionally dependent senior citizens, relatives grab the property on the pretext of providing emotional support. Therefore, legislature thought such transaction could be declared as void as the conduct leading to transaction was based on malice or fraud. Therefore, condition referred in Section 23 has to be understood based on the conduct of the transferee and not https://www.mhc.tn.gov.in/judis with reference to( Uploaded the specific stipulation on: 26/03/2025 11:01:07 am )in the deed of

transfer. Thus, this Court is of the view that it is not necessary that there should be a specific recital or stipulation as a condition in the transfer of deed itself. This condition mentioned in Section 23 is only referable as a conduct of the transferee, prior to and after execution of the deed of transfer. Thus, challenge based on the ground that there is no reference in the recital of deed that transferee will provide basic amenities and physical needs to the transferor is of no consequence.”

29. In the case of Subhashini vs. District Collector and Others8,

the legal proposition laid down by the learned Single Judge in the

Radhamni's case cited supra has been approved by the Division Bench of

the Kerala High Court.

30. In the case of Palanimuthu vs. The Principal Officer,

Maintenance Tribunal/Revenue Divisional Officer, Namakkal and

Others9, the learned Single Judge of this Court (SMSJ), considered the very

same issues.

31. The Hon'ble Supreme Court of India in the recent case of

Urmila Dixit cited supra interpreted Section 23(1) of the Act to hold that

express condition in the deed may not be required and non-maintenance of a

senior citizen per se would result in invoking the implied condition for

which such gift or settlement deed has been executed by the senior citizen

out of love and affection, which is relatable to human conduct. Thus, all 8 2020 SCC Online Ker 4080 9 MANU/TN/2011/2024 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

other judgments of the High Courts running counter to the principles laid

down by the Hon'ble Supreme Court in Urmila Dixit's case denuded to lose

its status as precedent.

14. With reference to the legal principles considered in the

aforementioned paragraphs in the present case, the serious allegations of

physical and mental harassment caused to the senior citizen were

established before the competent authority. The District Collector also

confirmed the findings, though an appeal filed by the appellant is not

entertainable under the Act. The writ Court has elaborately considered the

facts as well as the legal position, which is inconsonance with the judicial

precedents and the scope of the provisions under the Senior Citizen Act.

15. Thus, this Court do not find any reason to interfere with the writ

order impugned. Consequently, the writ appeal stands dismissed. There

shall be no order as to costs. Consequently, the connected miscellaneous

petitions are also stands dismissed.

                                                                             (S.M.S., J.)     (K.R.S., J.)
                                                                                       06.03.2025
                 ssi
                 Index: Yes/No
                 Speaking Order: Yes/No
                 Neutral Citation Case : Yes/No
https://www.mhc.tn.gov.in/judis                ( Uploaded on: 26/03/2025 11:01:07 am )






                 To:

1. The District Collector, Collectorate Building, Coimbatore – 641 018.

2. The Revenue Divisional Officer, Coimbatore North, Koundampalayam, Coimbatore.

S. M. SUBRAMANIAM., J.

AND K. RAJASEKAR., J.

ssi

W.A.No.195 of 2025 and W.M.P.Nos.1327, 1328 & 1330 of 2025

06.03.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 11:01:07 am )

 
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