Madras High Court Clarifies Jurisdiction in Senior Citizen Welfare Cases
The Madras High Court has issued a significant clarification regarding the powers of district collectors and sub-collectors under the Maintenance and Welfare of Parents and Senior Citizens Act. In a recent judgment, the court made it clear that these administrative officers are not empowered to adjudicate complex legal issues raised by senior citizens, such as allegations of fraud, coercion, or undue influence in the execution of settlement deeds.
Court's Ruling on Administrative Limitations
Justice D Bharatha Chakravarthy, while disposing of a plea filed by G Papathi, a senior citizen from Salem, emphasized that such matters fall exclusively within the jurisdiction of civil courts. The petitioner had sought cancellation of a settlement deed executed in favor of her grandson, challenging a district collector's order that rejected her request.
The court explicitly stated, "Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act does not enable the sub collector or the district collector to function as a civil court to decide questions of fraud, undue influence, or coercion." This ruling establishes a clear boundary between administrative and judicial functions under the welfare legislation.
Background of the Case
The petitioner, G Papathi, had moved the court challenging an order passed by the district collector on September 24, 2025. This order rejected her request to cancel a settlement deed registered at the Omalur sub registrar office on November 19, 2021. Despite being denied maintenance, she alleged that she was unlawfully evicted from the property without following due process of law.
Her application for cancellation of the deed was rejected on the grounds that she was receiving a family pension after the death of her husband, who was a government servant. The court noted these submissions while delivering its judgment.
Legal Pathways Available to Senior Citizens
The court outlined specific legal remedies available to senior citizens facing such situations:
- Fraud Allegations: If a petitioner contends that fraud was played on them to make them execute a settlement deed, they must approach the civil court for adjudication.
- Maintenance Issues: If a petitioner argues that their family pension is insufficient and seeks enhanced maintenance, they may approach either the district collector or the civil court, as they choose.
- Property Disputes: If a petitioner claims they were in settled possession of property and were suddenly evicted without due process, they should approach the civil court for appropriate relief, including necessary interim measures.
The judgment reinforces that while district collectors have certain powers under the welfare act, they cannot substitute for judicial proceedings when complex legal questions involving fraud, coercion, or undue influence are raised. This clarification ensures that senior citizens receive proper legal recourse through established judicial channels rather than administrative determinations.
This ruling is particularly significant for senior citizens across Tamil Nadu and potentially other states where similar welfare legislation operates. It provides clear guidance on where to seek redress for different types of grievances under the Maintenance and Welfare of Parents and Senior Citizens Act.
