ORDER : Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents No. 2, 4 and 5 to implement the order of the 3rd respondent in his proceedings made in Na.Ka.No.1032/A3/2018, dated 04.10.2018 and to cancel the forged sale deed vide document No.1464/2015 and another settlement deed vide document No.1463/2015, dated 11.05.2015. The prayer in this writ petition is for a Writ of Mandamus, to direct the second, fourth and fifth respondents to implement the order of the third respondent in his proceedings made in Na.Ka.No. 1032/A3/2018, dated 04.10.2018 and to cancel the forged sale deed vide document No.1464/2015 and the settlement deed vide document No.1463/2015, dated 11.05.2015. 2. Heard Mr.S.R.Anbarasu, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the official respondents i.e., R1 to R5. 3. Since no adverse order is going to be passed against the 6th respondent, notice to the 6th respondent is hereby dispensed with. 4. With the consent of the learned counsel appearing for both sides, this Writ Petition is disposed of at the admission stage itself. 5. The short facts leading to filing of this Writ Petition is that, the petitioner is aged about 78 years old and he, at the advanced age, gifted some of the valuable immovable properties to one of his son i.e., 6th respondent herein, on the expectation that, he will take care of him in his advanced age till his death. 6. Though the 6th respondent has received the gift deed and taken the property bequeathed by way of gift deed by the petitioner, he seems to have shown his colours and according to the petitioner, the 6th respondent has not maintained him. 7. In that circumstances, the petitioner, in order to take action against the 6th respondent to cancel the gift deed executed in favour of the 6th respondent dated 11.05.2015, which, according to the petitioner is a fraudulent/forged sale deed, within the meaning of the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, (hereinafter referred to as 'the Act'), has made a representation to the 1st respondent on 23.07.2018. 8. 8. In this context, the 3rd respondent i.e., the District Welfare Officer, who is one among the committee member to deal with the maintenance issue under the Act, having enquired the matter, passed recommendatory order on 04.10.2018 in Na.Ka.No. 1032/A3/2018, which reads thus: xxx xxx 9. On the strength of the said recommendatory order passed by the 3rd respondent, now, the petitioner approached this Court to direct to the second, fourth and fifth respondents to act upon on the said recommendatory order passed by the 3rd respondent, on 04.10.2018 and accordingly, the petitioner has filed the present writ petition with the aforesaid prayer. 10. I have heard the learned counsel for the petitioner, who would submit that, by virtue of the provisions of the said Act, especially, under Section 23(1) of the Act, if at all, the son of the petitioner, though obtained the property by way gift deed, is not maintaining the petitioner, then, it shall be presumed or construed as a fraudulent transaction of gift deed obtained by fraud or coercion or undue influence and in that context, the same can be cancelled. 11.The learned counsel for the petitioner would further submit that, this aspect, having been enquired by the 3rd respondent, who has passed recommendatory order dated 04.10.2018 addressed to the 2nd respondent, based on which, the 2nd respondent supposed to have acted upon, but, he has not acted upon, therefore, the petitioner has moved this writ petition. Hence, the learned counsel seeks indulgence of this Court. 12. On the other hand, Mr.M.Murugan, learned Government Advocate appearing for the respondents would submit that, under Section 23(1) of the Act, no doubt, the suffered parent i.e., senior citizen can approach the Tribunal constituted, in this regard, to cancel the gift deed or settlement deed for immovable property, provided, if the donee or settlee is not maintaining the donor or settler. In this regard, the learned Government Advocate would further submit that, such a power to decide to cancel the gift deed is vest with the tribunal as contemplated under Section 7 of the Act, under which, the Tribunal in each sub division has been constituted, by the Governor of Tamil Nadu under Specific notification, headed by the Revenue Divisional Officer concerned. Therefore, if at all the petitioner has got any grievance, the same shall be redressed only by the Tribunal, ie., the Revenue Divisional Officer. Therefore, if at all the petitioner has got any grievance, the same shall be redressed only by the Tribunal, ie., the Revenue Divisional Officer. Here, in the case in hand, the 2nd respondent Sub Collector. Since exercises the power of Revenue Divisional Officer, accordingly, the 2nd respondent would take suitable action and decide the issue, as required or desired by the petitioner, within the meaning of Section 23(1) of the Act. 13. I have considered the said submissions made by the learned counsel for the parties. 14. As has been rightly pointed out by the learned Government Advocate for the official respondents, under the Act, the tribunal constituted in this regard has to take a decision under Section 23(1) of the Act and in order to appreciate the legal position, the following provisions of the said Act are extracted hereunder: “Transfer of property to be void in certain circumstances -(1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.” and also the Section 7 of the Act, “7.Constitution of Maintenance Tribunal. (1) The State Government shall within a period of six months from the date of the commencement of this Act, by notification in the Official Gazette, constitute for each Sub-division one or more Tribunals as may be specified in the notification for the purpose of adjudicating and deciding upon the order for maintenance under Section 5. (2) The Tribunal shall be presided over by an officer not below the rank of Sub-Divisional Officer of a State. (3) Where two or more Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.” 15. (2) The Tribunal shall be presided over by an officer not below the rank of Sub-Divisional Officer of a State. (3) Where two or more Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.” 15. Pursuant to Section 7 of the Act, the Governor of Tamil Nadu has constituted Tribunal, in each Sub-Division i.e., Revenue Division throughout Tamil Nadu and the relevant notification reads thus: 67 No.II.(2)/SWNMP/725(b-1)2009 Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Notification CONTITUTION OF TRIBUNAL IN EACH SUB-DIVISION UNDER THE ACT In exercise of powers conferred under sub-section (1) of Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Central Act No.56 of 2007), the Governor of Tamil Nadu, hereby constitutes a Tribunal in each Sub-Division of the purpose of adjudicating and deciding upon the order for maintenance under Section 5 of the said Act. The above Tribunal shall be presided over by the Revenue Divisional Officer of the concerned Sub- Division. 16. In view of the constitution of such tribunal in divisional level headed by the Revenue Divisional Officer concerned, the grievance of the senior citizen under Section 23(1) of the Act has to be considered and decided only by the said tribunal in the Sub-Division level. 17. In view of the said legal position, the present grievance of the petitioner, as has been recommended or forwarded by the 3rd respondent vide his recommendatory letter dated 04.10.2018, can be decided on merits only by the tribunal constituted under Section 7 of the Act i.e., 2nd respondent. 18. 17. In view of the said legal position, the present grievance of the petitioner, as has been recommended or forwarded by the 3rd respondent vide his recommendatory letter dated 04.10.2018, can be decided on merits only by the tribunal constituted under Section 7 of the Act i.e., 2nd respondent. 18. In view of the aforesaid legal position and factual matrix, to give a quietus to the issue raised in this Writ Petition, this Court is inclined to pass the following order: That the representation made by the petitioner dated 23.07.2018 shall be forwarded by the 1st respondent to the 2nd respondent and the 2nd respondent, on receipt of the same and also on the basis of enquiry report and recommendatory letter dated 04.10.2018 issued by the 3rd respondent, take cognizance of such petition, as if, the petition of a senior citizen i.e., the petitioner, under Section 23(1) of the Act and accordingly, the 2nd respondent, being the tribunal constituted under Section 7 of the Act, shall proceed with the petition by issuing proper notice to both the petitioner as well as the 6th respondent and after having enquired both and satisfied with the plea raised by the petitioner to cancel the gift deed within the meaning of Section 23(1) of the Act, pass final order thereon. 19. If any such order is passed cancelling the gift deed by the 2nd respondent, based on such order or on the strength of the order, the petitioner can approach the 4th and 5th respondents for making necessary endorsement or mutation in the registration records pertaining to the property in question. The needful, as indicated above, shall be undertaken by the 2nd respondent within a period of eight weeks from the date of forwarding a complaint of the petitioner dated 23.07.2018, from the 1st respondent enabling the 2nd respondent to act upon as indicated above. The first respondent shall forward the said representation to the 2nd respondent within a period of two weeks from the date of receipt of a copy of this order. That apart, along with a copy of this order, the petitioner also can send a copy of the representation to the 2nd respondent directly. 20. With the above observations and directions, this Writ Petition is disposed of. No costs.