THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.7242 of 2025

ORDER:

This writ petition is filed seeking the following relief:

“... to issue a writ, order or direction, more particularly a Writ of Mandamus declaring that the impugned order of respondent No.3 vide proceedings No. H/491/2024, dated NIl.02.2025, as illegal, improper, arbitrary, unjust, contrary to the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act No.56 of 2007, without jurisdiction, violative of principles of natural justice, violative of Articles 14, 21 and 300-A of the Constitution of India, by holding that the impugned order, vide proceedings No. H/491/2024, dated Nil.02.2025 issued by respondent No.3 - Tribunal is unreasonable and unsustainable...”

2. Heard learned counsel for the petitioner, learned counsel for unofficial respondent and Mr. L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner submitted that the petitioner is in possession of agricultural land admeasuring a total extent of Ac.6-01 guntas. Out of which, the petitioner got registered in the form of a gift deed to an extent of Ac.2-14 guntas in Survey No.380 of Kogilvai Village in favor of his daughter - respondent No.4, taking an assurance from her daughter that they will be taken care of by her. It is further submitted that the petitioner being a senior citizen not being aware of the legal proposition of law had instituted civil proceedings in O.S.No.36 of 2023 on the file of learned Principal Junior Civil Judge at Parkal for declaring the registered gift settlement deed vide document No.35/2021, dated 30.01.2021 as null and void and to grant relief of permanent injunction against his daughter, who is the defendant in the said suit, under Order VII Rule 1 read with Section 26 of CPC. While the said suit is pending, without being any proper legal advice and since the petitioner is suffering, had filed an application before the Parents & Senior Citizens Maintenance Tribunal on the file of the learned Presiding Officer - cum - Revenue Divisional Officer, Parakala seeking to cancel the gift deed executed in favor of his daughter, who is the unofficial respondent No.4 herein, stating that her daughter had neglected them and to take care of them, as such, requested to cancel the registered gift deed executed in favor of her as per Maintenance & Welfare of Parents & Senior Citizens Act, 2007 (for short "the Act,2007). The said Tribunal without entertaining the petitioner's application, advised the petitioner to approach the Police and Civil Court, as the proceedings before the Civil Court are pending pertaining to the property in question. It is further submitted that the petitioner is always willing to withdraw the said suit filed by him and to avail the remedy under relevant provision of the Act, 2007 and seeks liberty to approach the Civil Court to withdraw the said suit and to file an application afresh before the said Maintenance Tribunal in view of the developments to be taken place after filing withdrawal of the suit.

4. Learned counsel for the unofficial respondent on the other hand submitted that the petitioner having already availed the remedy under the relevant provision of the Act, 2007, could not simultaneously pursue multiple remedies and accordingly seeks to dismiss this writ petition.

5. Learned Assistant Government Pleader for Revenue submitted that this matter is entirely pertaining to the petitioner and unofficial respondent, however, submitted that appeal provision is available under the Senior Citizens Act, 2007 and the petitioner without availing the said remedy, had approached this Court at a premature stage and therefore seeks to dismiss this writ petition.

6. Having heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, and on perusing the material available on record, deems it appropriate to grant liberty to the petition