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2026 Supreme(Online)(Mad) 50683

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


W.P(MD)No.15213 of 2026


Dated: 08.06.2026


CORAM: THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY


W.P(MD)No.15213 of 2026


Amsa Begum ... Petitioner

Vs.

1. The Revenue Divisional Officer,

Sivagangai Taluk,

Sivagangai District.

2. Hanifa ...Respondents


For Petitioner : Mr.R.Rameez Ajmal Khan

For Respondent : Mr.S.Vashik Ali

Government Standing Counsel

Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus to direct the 1st respondent to conduct enquiry and pass orders on the petitioner's statutory application dated 27.04.2026 under section 23 of the Maintenance and welfare of Parents and Senior Citizens Act, 2007 within the time that may be stipulated by this Hon'ble Court and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

ORDER

The writ petition is filed for a mandamus directing the 1st respondent to conduct an enquiry and pass orders on the application of the petitioner dated 27.04.2026, under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. Heard Mr.R.Rameez Ajmal Khan, learned counsel appearing for the petitioner and Mr.S.Vashik Ali, learned Government Standing Counsel, who takes notice on behalf of the 1st respondent.

3. The learned counsel appearing for the petitioner would submit that the petitioner has made an application before the 1st respondent, who is the competent authority, and that the petitioner, being a senior citizen, has not received any order on the said application. Hence, the present writ petition has been filed.

4. The learned Government Standing Counsel appearing on behalf of the 1st respondent would submit that, insofar as the prayer for cancellation of the deed is concerned, the same is founded on allegations of fraud and therefore, cannot be the subject matter of an enquiry by the 1st respondent.

5. This writ petition is disposed of at the admission stage without notice to the 2nd respondent. It is made clear that this Court is not expressing any opinion on the merits of the case.

6. Though the learned Government Standing Counsel is correct with reference to the prayer seeking cancellation of the deed, it is also stated in the petitioner's application that she has been divested of her right of residence. To that extent, the 1st respondent has jurisdiction, particularly when the issue concerns the welfare and dignity of a senior citizen.

7. In view thereof, the 1st respondent is directed to consider the petitioner's application dated 27.04.2026 with reference to the jurisdiction conferred under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, by issuing notice to the petitioner as well as the 2nd respondent. The application shall be considered and disposed of in accordance with law, as expeditiously as possible, and in any event not later than three months from the date of receipt of a web copy of this order.

8. With the above observations and directions, the writ petition stands disposed of. No costs.

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