- Court
- High Court of Madras
- Decided
- 29 July 2026
- Bench
- M.Dhandapani
- Case no.
- WP(MD) 17275/2025
Judgment
ORDER This Writ Petition has been filed seeking the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings of the second respondent dated 24.01.2025, quash the same, and consequently direct the second respondent to cancel the Settlement Deed dated 21.03.2022 executed by the petitioner in favour of the third respondent.
2.The learned counsel appearing for the petitioner submitted that the petitioner is a senior citizen and the father of the third respondent. Out of love and affection, the petitioner executed a Settlement Deed dated
21.03.2022 in favour of his daughter, the third respondent. Subsequently, according to the petitioner, the third respondent neglected and refused to maintain and take care of him. Aggrieved thereby, the petitioner approached the second respondent by filing an application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking cancellation of the Settlement Deed. However, by proceedings dated 24.01.2025, the second respondent rejected the petition on the ground that the petitioner's son had already instituted a suit in O.S.No.168 of 2022 on the file of the Additional District Court, Palani, seeking cancellation of the very same Settlement Deed executed by the petitioner in favour of the third respondent.
3.In the course of hearing, the learned counsel appearing for the petitioner submitted that the petitioner would be satisfied if appropriate directions are issued to the third respondent to pay monthly maintenance to the petitioner, leaving the parties to agitate their respective rights before the competent Civil Court in the pending suit.
4.The learned counsel appearing for the third respondent, on instructions, fairly submitted that the third respondent is willing to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) per month towards the maintenance of the petitioner, payable on or before the 7th day of every English calendar month. It is also submitted that such payment shall be without prejudice to the rights and contentions of the third respondent in O.S. No.168 of 2022 pending on the file of the Additional District Court, Palani.
5.Recording the aforesaid submission made on behalf of the third respondent, this Writ Petition is disposed of by directing the third respondent to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) per month to the petitioner towards his maintenance, on or before the 7th day of every English calendar month, commencing from the month of August, 2026.
6.It is made clear that the above arrangement is without prejudice to the rights and contentions of the parties in O.S.No.168 of 2022 pending on the file of the Additional District Court, Palani, and it is open to the parties to canvass all their factual and legal contentions before the said Court. The Civil Court shall decide the suit on its own merits and in accordance with law, uninfluenced by any of the observations made in this order.
7.Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
29.07.2026 (1/2) NCC : Yes / No Index : Yes / No ps To
1.The District Collector, Dindigul District, Dindigul.
2.The Sub Collector Cum Tribunal Officer, Palani, Dindigul District.
M.DHANDAPANI, J. ps
29.07.2026 (1/2)
Case details
Parties and counsel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)Nos.13164 & 13165 of 2025 K.Palanisamy ... Petitioner Vs 1.The District Collector, Dindigul District, Dindigul. 2.The Sub Collector Cum Tribunal Officer, Palani, Dindigul District. 3.P.Banumathi ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent pertaining to the impugned proceedings dated 24.01.2025 in Moo.Mu.No.1019/2023/Aa2 quash the same and consequentially direct the second respondent to cancel the settlement deed dated 21.03.2022 executed by the petitioner in favour of the third respondent. For Petitioner : Ms.S.Keerthi For Respondents : Mr.M.Mahaboob Athiff (R1 & R2) Counsel for Government of Tamil Nadu : Mr.K.Mu.Muthu (R3)
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.