S.SELVARAJ SIMPSON Vs. DISTRICT COLLECTOR, SINGARAVELAR MAALIGAI, 62, RAJAJI SALAI, CHENNAI COLLECTORATE, CHENNAI, TAMIL NADU - 600001.

JUDGEMENT

(1.) Though the order challenged in the Writ Petitin is one transferring proceedings to the jurisdictional Revenue Divisional Officer. A perusal of the document executed by the petitioner reveals that the petitioner cannot seek relief under the special enactment namely, Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Sec. 23 of the Act declares certain transfers as void.

(2.) There are two essential pre-conditions namely, the document should have been executed after the coming into for the Act and it should contain clause imposing an obligation on the settlee or transferree to maintain the settlor or transferor. Evidently, such clause is absent in the document in question therefore, the authority under Sec. 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot entertain an application for cancellation of the document.

(3.) Hence, this Writ Petition is dismissed on the conclusion that the very application before the Revenue Divisional Officer is not maintainable. It will however, open to the petitioner to launch appropriate proceedings, seeking maintenance from his son and also for cancellation of the document before the appropriate Civil Court subject to the availability of the remedy. No costs.