Citation : 2026 Latest Caselaw 1383 Mad
Judgement Date : 17 March, 2026
W.A(MD)No.365 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.365 of 2026
and
C.M.P(MD)No.3345 of 2026
Rajam Daisy ... Appellant/3rd Respondent
vs.
1.Preethi Singh ...1st Respondent/4th Respondent
2.The Revenue District Officer/Presiding Officer
(Under the Maintenance and Welfare of Parents
and Senior Citizens Act),
Nagercoil Revenue Division,
Nagercoil,
Kanniyakumari District.
3.The Inspector of Police,
Anjugramam Police Station,
Anjugramam,
Kanniyakumari District.
4.Jereen Perpet ... Respondents/Respondents
1/5
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W.A(MD)No.365 of 2026
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 14.03.2025 made in W.P(MD)No.12403 of 2024.
For Appellant : Mr.S.C.Herold Singh
For R1 : Mr.N.Pragalathan
For R2 : Mr.S.P.Maharajan
Special Government Pleader
For R3 : Mr.K.Sanjai Gandhi
Government Advocate
JUDGMENT
[Judgment of the Court was made by N.SATHISH KUMAR, J.)
Challenging the order of the learned Single Judge, the third respondent in
the writ petition has filed the present writ appeal.
2. The writ petitioner filed the writ petition challenging the order of the
Revenue Divisional Officer dated 10.05.2024, directing the respondent police to
take action against her. The dispute appears to be between the petitioner and her
in-laws. A Domestic Violence petition is also pending before the concerned
Judicial Magistrate. In the meanwhile, the appellant filed an application under the
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Maintenance and Welfare of Parents and Senior Citizens Act, alleging that the
writ petitioner, who is his daughter-in-law, is forcibly occupying a portion of the
property. The Revenue Divisional Officer held that the said Act is not applicable;
however, he directed the police to take action against the writ petitioner.
Challenging the same, the writ petitioner filed the writ petition.
3. The learned Single Judge, after carefully considering the submissions
made on either side and perusing the materials on record, rightly set aside the
order, since Domestic Violence proceedings are pending between the parties and
their rights are to be worked out in the said proceedings.
4. It is also brought to the notice of this Court that orders have been passed
in Crl. P. No. 95 of 2024 by the learned Mahila Judge, Nagercoil, permitting the
writ petitioner to reside in the shared household. It is relevant to note that the
appellant is also one of the respondents in the said proceedings. If the appellant is
aggrieved, the proper remedy is to file an appeal, in accordance with law, before
the concerned District Court. In view of the above, no further direction is
required in this matter.
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5. Accordingly, the writ appeal is dismissed. No costs. Consequently, the
connected Miscellaneous Petition is closed.
[N.S.K.,J.] [M.J.R.,J.]
17.03.2026
NCC : Yes / No
Index : Yes / No
am
To
1.The Revenue District Officer/Presiding Officer (Under the Maintenance and Welfare of Parents and Senior Citizens Act), Nagercoil Revenue Division, Nagercoil, Kanniyakumari District.
2.The Inspector of Police, Anjugramam Police Station, Anjugramam, Kanniyakumari District.
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N.SATHISH KUMAR,J.
and M.JOTHIRAMAN,J.
am
ORDER MADE IN
DATED : 17.03.2026
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