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2025 Supreme(Online)(Mad) 65114
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA, J
N.Baby – Appellant
Versus
The District Collector, O/o.The District Collector, Thanjavur District. – Respondent
Writ Petition(MD)No.26760 of 2025|W.M.P(MD)No.20754 of 2025
For the Appellants/Petitioners: Mr.K.M.Karunakaran
For the Respondents: Mr.D.Sasikumar Addl. Govt. Pleader
The cancellation of a Gift Settlement Deed for medical expenses should be pursued in civil court, not via writ petition under Article 226.
Headnote:This court considered the petitioner's request to cancel the Gift Settlement Deed executed for medical expenses under article 226. The court noted that such matters involve civil adjudication of title and mental capacity issues, better suited for the civil court, not under this writ. The petition was dismissed, allowing the petitioner to seek relief through appropriate legal channels.
| Table of Content |
|---|
| 1. request for cancellation based on medical urgency. (Para 1 , 2) |
| 2. writ not maintainable; civil court is the proper forum. (Para 3) |
| 3. petition dismissed; remedy through civil court confirmed. (Para 4 , 5) |
ORDER
This writ petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent in Na.Ka.No.7042/2025/A6 dated 26.07.2025, quash the same as illegal and unconstitutional, and consequently direct the respondents to cancel the Gift Settlement Deed executed by the petitioner in favour of his elder son, M. Senthil Kumar, vide Document No.750/2016 dated 17.03.2016, so as to enable the petitioner to meet the urgent medical expenses for the treatment of his said son, by reconsidering the petitioner’s representation dated 04.02.2025.
2. The learned counsel for the petitioner would submit that the petitioner had executed the aforesaid Gift Settlement Deed in favour of his elder son, who is now stated to be suffering from a mental disorder. It is further submitted that, due to the said medical condition, the petitioner requires funds for his son’s treatment and hence sought cancellation of the Gift Settlement Deed under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. However, the second respondent rejected the said request by the impugned order dated 26.07.2025 without properly appreciating the medical urgency and humanitarian grounds pleaded by the petitioner.
3. On perusal of the materials placed, this Court finds that the relief sought for by the petitioner essentially pertains to the cancellation of a registered Gift Settlement Deed, which involves adjudication of questions of title and mental capacity. Such issues are within the domain of the civil court and cannot be examined in a writ proceeding under Article 226 of the Constitution of India. Further, if the person concerned is of unsound mind, appropriate proceedings may be initiated before the competent forum under the relevant provisions of the Mental Healthcare Act, 2017 and the Code of Civil Procedure, seeking suitable reliefs.
4. In view of the above, this Court holds that the present writ petition is not maintainable. However, the petitioner is at liberty to work out his remedy before the competent Civil Court, in the manner known to law.
5. Accordingly, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
