Ayyammal. S v. The District Collector/Appellate Authority

O R D E R Challenging the order dated 24.02.2023 passed by the second respondent and the consequential order dated 10.05.2023 passed by the first respondent, the present writ petition has been filed.

¶2Heard the learned counsel appearing for the parties.

¶3The case of the petitioner is that she executed registered settlement deeds dated 13.09.2001 and 22.10.2001 in favour of his daughter, who was the wife of the third respondent. Subsequently, the petitioner's daughter passed away on 27.07.2017. The grievance of the petitioner is that the second respondent, instead of cancelling the settlement deeds, directed the third respondent to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) per month towards the petitioner's maintenance. Aggrieved by the said order, the present writ petition has been filed.

¶4The learned Government Counsel appearing for respondents 1 and 2 submitted that the registered settlement deeds do not contain any specific condition so as to attract the provisions of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

¶5The learned counsel appearing for the third respondent submitted that the petitioner, who is the mother-in-law of the third respondent, is presently residing with him. It is further submitted that the third respondent has been regularly paying the maintenance amount of Rs.10,000/- per month, as directed by the second respondent.

¶6In view of the aforesaid submissions, this Court is not inclined to interfere with the orders passed by the respondents 1 and 2. However, the third respondent is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) per month to the petitioner towards his maintenance on or before the 5th day of every English calendar month. In the event of any default in the payment of the monthly maintenance, it is open to the petitioner to work out his 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.

¶7With the above directions, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

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

¶1The District Collector/Appellate Authority, Under the Maintenance of Parents and Aged Parents Welfare Act 2007, Theni District.

¶2The Sub Divisional Magistrate/Revenue Divisional Officer/, Tribunal Constituted Under the Maintenance of Parents and Aged Parents Welfare Act 2007, 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) Nos.16450 & 16452 of 2023 S.Ayyammal ... Petitioner(s) vs. 1. The District Collector/Appellate Authority, Under the Maintenance of Parents and Aged Parents Welfare Act 2007, Theni District. 2. The Sub Divisional Magistrate/Revenue Divisional Officer/, Tribunal Constituted Under the Maintenance of Parents and Aged Parents Welfare Act 2007, Periyakulam, Theni District. 3. Periyasamy ... Respondent(s) PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 2nd respondent herein in Moo.Mu.No.8596/2022/A2 dated 24.02.2023 and confirmed by the impugned order of the 1st respondent in Se.Mu.Na.Ka.No.654/A3/2023 dated 10.05.2023 quash the same and consequently cancel the impugned Settlement Deed dated 13.09.2001 and 22.10.2001 vide Doc. Nos.1319/2001, 1461/2001, 1462/2001 and 1388/2021 in favour of the deceased Mangayarkarasi. For Petitioner : Mr.K.Appadurai For R1 & R2 : Mr.R.Ramasamy, Counsel for State For R3 : Mr.P.Jeganathan