Senior Citizens Act | Asking Daughter To Shift To Second Floor So Elderly Parents Can Occupy Ground Floor Not Eviction: Madras High Court

The Madurai Bench of the Madras High Court upheld an order directing a daughter and her husband to shift from the ground floor of their house to the second floor, enabling the elderly parents to occupy the ground floor on account of their advanced age.Justice M. Dhandapani held that the order by the appellate authority did not evict the petitioners, but merely regulated the mode of occupation in the house to safeguard the welfare and convenience of the senior citizens.The Court also rejected the petitioners' contention that the appellate authority's order violated an interim injunction granted by a civil court restraining the parents from evicting the petitioners from the property. "It is not in dispute that the property originally belongs to the fourth respondent. Though the second petitioner had availed a housing loan along with the respondents 4 and 5 and constructed the building, the third and fourth respondents, who are senior citizens, are admittedly unable to access the second floor on account of their advanced age. Taking note of the said circumstance, the first respondent, while declining to cancel the settlement deed, has only directed the petitioners to shift their residence from the ground floor to the second floor, thereby enabling the third and fourth respondents to occupy the ground floor.The impugned order does not result in the petitioners being dispossessed from the property, it merely directs them to shift their residence from the ground floor to the second floor within the same residential building. Therefore, there is no inconsistency between the order passed by the Civil Court and the impugned proceedings,” the court said.The court dismissed the petition, saying, “The direction issued by the first respondent [the Appellate Authority] is reasonable, equitable and does not suffer from any illegality or procedural infirmity warranting interference under Article 226 of the Constitution.”The court was hearing a petition filed by Sakunthala and her husband Kumaresan, challenging an order passed by the Appellate Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.BackgroundThe case stems from a property dispute between the respondents, Ramaraju and Singathai, and their daughter Sakunthala and son-in-law Kumaresan (petitioners). The parents had executed an irrevocable settlement deed in favour of Sakunthala and her sister. The petitioners had then constructed a residential building on the property by availing a housing loan. The parents resided on the second floor, while the petitioners occupied the ground floor. Later, the parents moved an application before the Revenue Divisional Officer, Paramakudi, seeking cancellation of the settlement deed and eviction of the petitioners. But the application was rejected. On appeal, the District Collector (Appellate Authority) declined to cancel the settlement deed, but directed the petitioners to vacate the ground floor and move to the second floor, to enable the elderly parents to occupy the ground floor.Challenging the Appellate Authority's order, the petitioners argued that they had already obtained an interim injunction from the District Munsif Court, Paramakudi, restraining the parents from evicting them from the property and that the impugned order was contrary to the injunction.The parents, on the other hand, submitted that due to their age, they were unable to climb the stairs to the second floor, and had no objection to the petitioners residing in the second floor.The Court dismissed the writ petition, holding that the appellate authority acted within the jurisdiction under the 2007 Act and the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, and that the order does not suffer from any illegality or procedural infirmity.Case: Sakunthala & Kumaresan v Appellate Authority Under Maintenance and Welfare of Parents and Senior Citizen Act & othersCase No: W.P(MD)No.20964 of 2026 and WMP (MD) No.15591 of 2026Click Here To Read/Download Order

Senior Citizens Act | Asking Daughter To Shift To Second Floor So Elderly Parents Can Occupy Ground Floor Not Eviction: Madras High Court

Amruta Gangajaliwale

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Amruta Gangajaliwale

Senior Citizens Act | Asking Daughter To Shift To Second Floor So Elderly Parents Can Occupy Ground Floor Not Eviction: Madras High Court

Amruta Gangajaliwale

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Amruta Gangajaliwale

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