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2026 Supreme(Online)(Mad) 35386

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
M.J.Bathurunisha Begam – Appellant
Versus
The District Collector, Office of District Collector, Thanjavur – Respondent
W.P.(MD)No.10304 of 2026



Advocates:
For the Appellants/Petitioners: Mr.D.Yogeswar
For the Respondents: Mr.D.Sadiq Raja, Additional Government Pleader for R1 & R2

Mandamus issued to enforce senior citizen maintenance order under 2007 Act, directing arrears recovery within three months.

Headnote:Under Section 6 and Section 11 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the petitioner, a senior citizen, filed a petition seeking maintenance from her son after transferring properties via settlement deed, as he failed to provide support. The Revenue Divisional Officer ordered Rs.15,000/- monthly maintenance on 10.03.2023. The District Collector and Revenue Divisional Officer failed to enforce the order despite representation. The court finds non-compliance necessitates mandamus for enforcement. Issue framed: enforcement of maintenance order under the Act. Ratio: Non-enforcement by authorities warrants judicial direction; appropriate action must follow law, with arrears recovery mandated within three months. Writ petition disposed directing enforcement of order dated 10.03.2023 and recovery of arrears within three months; no costs.

Table of Content
1. petition seeks enforcement of senior citizen maintenance order. (Para 1 , 2 , 3)
2. government pleader assures action per law. (Para 4)
3. mandamus directs enforcement and arrears recovery. (Para 6)

ORDER

The petitioner is before this Court to enforce the order passed by the second respondent dated 10.03.2023. By the said order, the second respondent directed the third respondent to pay a sum of Rs.15,000/- per month as maintenance.

2.The petitioner is the mother of the third respondent and she had conveyed certain properties to the third respondent through a registered settlement deed. The third respondent having not maintained the petitioner necessitate the petitioner to file a petition under Section 6 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

3. The second respondent passed an order directing the third respondent to pay a sum of Rs.15,000/- per month as maintenance. The third respondent having not complied with the order passed by the second respondent, the petitioner approached the respondents 1 and 2 to enforce the said order. The respondents 1 and 2 having not taken any steps to enforce the order necessitated the petitioner to approach this Court writ petition.

4. Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions, submitted that appropriate action will be taken in accordance with law within the time frame to be stipulated by this Court.

5. The said submission is taken on record.

6. Accordingly, the Writ Petition is disposed of directing the second respondent to enforce the order dated 10.3.2023 bearing Na.Ka.No. 7590/2022/A3 and recover the arrears of maintenance within a period of three months from the date of receipt of a copy of this order.

7. There shall be no orders as to costs.

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