Perumal vs District Collector - 2026 Supreme(Online)(Mad) 51741

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2026 Supreme(Online)(Mad) 51741

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Perumal – Appellant
Versus
District Collector – Respondent
W.P.(MD). No.16473 of 2026|W.M.P.(MD)No.12287 of 2026

Important Points

A writ of mandamus for cancelling a gift deed by a senior citizen should be pursued through the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, rather than direct court intervention.

Subject

Civil - Senior Citizen Welfare

Act Referred

Constitution of India: Art.226
Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Headnote

The petitioner, a senior citizen, sought a Writ of Mandamus under Article 226 of the Constitution of India to direct officials to cancel a gift deed (Doc.No.697/2024) registered at the Sub-Registrar Office, Peravurani, based on a representation dated 18.03.2026. The core issue was whether the writ court could directly order the cancellation of the deed or if an alternative statutory remedy existed. The court observed that the petitioner had already approached the third respondent, who is the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petition was disposed of with a direction to the third respondent to conduct an enquiry and decide the application in accordance with law within twelve weeks.

Advocates:
For the Appellants/Petitioners: M Mohamed Ikbal
For the Respondents: P.Sudarkodi Nachiar

Table of Content
1. prayer for cancellation of a registered gift deed via mandamus. (Para 1)
2. availability of statutory remedy under senior citizens act. (Para 2)
3. direction to competent authority for time-bound disposal. (Para 3)

PRAYER :-

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1 to 5th respondents to cancel the gift deed in Doc.No.697/2024 dated 27.12.2023 registered at the Sub-Registrar Office, Peravurani, as illegal and void by considering the petitioner's representation dated 18.03.2026 within a time frame fixed by this Court.

For Petitioner : Mr.M Mohamed Ikbal,

For Respondents : Ms.P.Sudarkodi Nachiar

Government Standing Counsel for R1 to R5

ORDER

The writ petition is filled for a mandamus directing the respondents 1 to 5 to cancel the gift deed in document No.697/2024 dated 27.12.2023.

2. Upon considering the case of the petitioner and hearing the learned counsel for the petitioner, it can be seen that the petitioner, being a senior citizen, has given a petition before the third respondent, who is the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Therefore, the prayer made by the petitioner, as such, cannot be granted. However, the third respondent shall take up the application of the petitioner dated 18.03.2026, conduct an enquiry by issuing notice to the sixth respondent, and pass an order in accordance with law.

3. In view thereof, this writ petition is disposed of on the following terms:

i. The third respondent shall take up the application of the petitioner dated 18.03.2026, issue notice to the petitioner as well as the sixth respondent or any other person interested, and decide the application in accordance with law;

ii. The aforesaid exercise shall be completed, as expeditiously as possible, and in any event, not later than twelve weeks from the date of receipt of a web copy of this order.

iii. No costs. Consequently, connected miscellaneous petition is closed.