Chellamari .T v. The Maintenance and Welfare of Parent and Senior Citizens

O R D E R Challenging the order dated 28.12.2022 passed by the first respondent rejecting the petitioner's appeal, the present writ petition has been filed.

¶2Heard the learned counsel for the parties. Though the names of the respondents 3 and 4 are printed in the cause list, there is no representation on behalf of the respondents 3 and 4.

¶3The learned counsel for the petitioner submitted that the first respondent, without considering the age and circumstances of the petitioner, mechanically rejected the appeal on the ground that the petitioner is receiving an old age pension of Rs.1,000/- per month and that the registered gift deeds executed separately by the petitioner in favour of the respondents 3 and 4 do not contain any condition requiring them to maintain the petitioner. Aggrieved by the said order, the present writ petition has been filed.

¶4The learned Government Counsel appearing for the respondents 1 and 2 submitted that the registered gift deeds dated 27.04.2018 admittedly do not contain any specific conditional clause attracting Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

¶5Having considered the submissions made on either side, this Court is of the considered view that the mere receipt of an old age pension by the petitioner does not absolve respondents 3 and 4 of their statutory obligation to maintain their mother under Section 4(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Therefore, in the interest of justice, respondents 3 and 4 are directed to pay a sum of Rs.2,000/- (Rupees Two Thousand only) each per month to the petitioner towards her maintenance. In the event of any default in the payment of the monthly maintenance, it is open to the petitioner to work out her remedy before the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, including by seeking enforcement of the maintenance order, in accordance with law.

¶6With the above directions, this writ petition is partly allowed. No costs. Consequently, the connected miscellaneous petition is closed.

20.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

¶1The Maintenance and Welfare Of Parent and Senior Citizens, Appellate Tribunal Officer Cum the District Collector, Theni, Theni District.

¶2The Maintenance and Welfare Of Parent and Senior Citizens, Welfare Officer Cum the Sub Collector, Periyakulam, Theni District. M.DHANDAPANI

,J.

PKN DATED : 20.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) No.15879 of 2023 T.Chellamari ... Petitioner(s) vs. 1. The Maintenance and Welfare Of Parent and Senior Citizens, Appellate Tribunal Officer Cum the District Collector, Theni, Theni District. 2. The Maintenance and Welfare Of Parent and Senior Citizens, Welfare Officer Cum the Sub Collector, Periyakulam, Theni District. 3. T.Jeyakodi 4. T.Muthu ... Respondent(s) PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 1st respondent in Se.Mu.Na.Ka.no. 575/A3/2021 dated 28.12.2022 as illegal and quash the same and consequently direct the 1st respondent to order monthly maintenance to the petitioner as per section 9 of The Maintenance And Welfare Of Parents And Senior Citizens Act 2007 within a time frame. For Petitioner : Mr.J.Senthil Kumaraiah For R1 & R2 : Mr.R.Ramasamy, Counsel for State