W.P(MD)No.14540 of 2022
and
W.M.P(MD)Nos.10384 of 2022 and 10972 of 2023

PRAYER :
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the District Magistrate cum District Collector of Thanjavur, the 1st respondent herein dated 03.06.2022 vide Na.Ka.No.14473/2022/G2 confirmed the order passed by the Sub Divisional Executive Magistrate cum Revenue Divisional Officer of Kumbakonam dated 09.03.2022 vide Na.Ka.No.2672-2020-A-4 and to and quash the same as illegal without jurisdiction and violation of Section 2(h) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

O R D E R

Aggrieved by the cancellation order dated 03.06.2022 passed by the first respondent, whereby the registered gift settlement deed executed by the third respondent in favour of the petitioner was cancelled, the petitioner has filed the present writ petition challenging the said order.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the daughter of the third respondent. The third respondent executed a registered gift settlement deed dated 28.09.2017, vide Document No. 2204 of 2017 on the file of the Sub-Registrar, Swamimalai, in favour of the petitioner in respect of the subject property. Subsequently, the third respondent made an application before the second respondent seeking cancellation of the said Sale Deed. The second respondent ordered to cancel the document. Aggrieved by the said order, the petitioner preferred an appeal before the first respondent. The first respondent, by the impugned order dated 03.06.2022, observed that the petitioner had failed to provide basic amenities and physical needs to the transferor/third respondent and consequently directed cancellation of the settlement deed. Challenging the said order, the present writ petition has been filed before this Court.

3. The learned counsel for the petitioner would submit that the authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, have jurisdiction under Section 23 only in respect of transfers by way of gift or settlement, where the transfer is subject to a condition that the transferee shall provide basic amenities and physical needs to the transferor. In the present case, the document in question is a Sale Deed and not a gift or settlement deed. Therefore, the provisions of Section 23 of the Act are wholly inapplicable and the first and second respondents had no jurisdiction to entertain the complaint or direct cancellation of the Sale Deed. Accordingly, he prayed for allowing the writ petition.

4. The learned Counsel for the State appearing for the respondents 1 to 4 would fairly submit that the registered settlement deed dated 28.09.2017 does not contain any specific condition obligating the petitioner to provide basic amenities and physical needs to the fifth respondent. In the absence of such a condition incorporated in the document of transfer, the provisions of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, would not be attracted.

5. This Court has carefully considered the rival submissions and perused the materials placed on record.

6. The issue is no longer res integra. The Hon'ble Supreme Court in Sudesh Chhikara v. Ramti Devi and another , reported in (2024) 14 SCC 225, has held that the deeming fiction under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can be invoked only when the transfer is made subject to the condition th