The High Court directed the State Government of Tamil Nadu to establish at least one old age home for indigent senior citizens in each district within six months, relying on Section 19 of the 2007 Act and guidelines from Advocate Commissioners.
Direction to the Government to establish an old age home in the Thoothukudi district within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.2556 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.2556 of 2011 and
M.P.(MD)No.1 of 2011
E.Athisayakumar ... Petitioner
-vs-
1.State of Tamil Nadu, Rep. by its Chief Secretary / Chairperson of State Council of Senior Citizens,
Social Welfare and Nutritious Meal Program Department, Government of Tamil Nadu, Secretariat,
Chennai – 600 009.
2.The Secretary to Government / Member of State Council of Senior Citizens, Social Welfare and Nutritious Meal Program Department, Government of Tamil Nadu, Secretariat,
Chennai – 600 009.
3.The Secretary to Government / Member of State Council of Senior Citizens, Health and Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009.
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W.P.(MD)No.2556 of 2011
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W.P.(MD)No.2556 of 2011
11.The District Social Welfare Officer / Member of District Committee of Senior Citizens / Chairman of Management Committee in Old age Home, District Collector Office, Thoothukudi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to establish old age homes for indigent Senior Citizens and abandoned parents in each Districts under Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rule 19 of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, within the time stipulated by this Court.
For Petitioner : Mr.A.V.Saha for Mr.R.Alagumani For R1 to R5, R7, R8 and R11 : Mr.P.Thilakkumar Government Pleader For R6, R9 and R10 : Mr.M.Vaikkam Karunanithi Government Advocate (Criminal side)
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Prayer in the Writ Petition reads as follows:-
''To issue a Writ of Mandamus directing the respondents to establish old age homes for indigent Senior Citizens and abandoned
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W.P.(MD)No.2556 of 2011
parents in each Districts under Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rule 19 of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, within the time stipulated by this Court.''
2 . Finding some substance in the prayer, this Court has appointed three Advocates practicing in this Bench as Commissioners to give suggestions for construction of old age homes in each District by the Government. The Advocate Commissioners have filed a report, wherein they have underscored the need for establishing at least one old age home in every District.
3 . Mr.A.V.Saha, learned counsel appearing for the petitioner would
draw our attention to Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [hereinafter referred to as ''the Act''], which, according to him, imposes an obligation on the State Government to establish and maintain
at least one old age home in every District. Section 19 of the Act reads as
follows:-
'' 19. Establishment of old age homes.-
(1) The State Government may establish and maintain such number of old age homes at accessible places, as it may deem necessary,
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W.P.(MD)No.2556 of 2011
in a phased manner, beginning with at least one in each district to accommodate in such homes a minimum of one hundred fifty senior citizens who are indigent.
Explanation .- For the purposes of this section, “indigent” means any senior citizen who is not having sufficient means, as determined by the State Government, from time to time, to maintain himself.''
4 . The learned counsel representing the petitioner submits that, under Section 19 of the Act, the minimum requirement is one, and to establish more than one is at the discretion of the Government. He would also rely upon the judgment of the Allahabad High Court in Kisan Seva Sansthan and another vs. State of U.P. and others reported in 2021 SCC OnLine All 1097 : AIR 2021 All 208 , wherein a Division Bench of the Allahabad High Court has held that Section 19 of the Act imposes an obligation on the Government to establish at least one old age home for destitute old people in each District. In paragraph 5 of the said judgment, the Allahabad High Court has observed as follows:-
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W.P.(MD)No.2556 of 2011
''5. Having heard learned counsel for the petitioner and learned Standing Counsel for the State, we find, under section 19 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act’), the State Government is obligated to establish such number of old age homes in each district as may be necessary, the minimum being one old age home in each district of the State. Under section 19(2) read section 32(2)(d) of the Act, the State Government has been delegated, amongst others, the power to frame Rules to provide for a Scheme for management of old age homes and to prescribe standards and types of services to be provided as may be necessary for medical care, entertainment etc. of the inmates of such old age homes.''
5 . The learned counsel appearing for the petitioner further submitted
that the Act was introduced with the noble purpose of protecting senior citizens and parents who are not supported by their children.
6 . The learned Government Pleader has filed a report stating that the Government has not established any old age home on its own till date in any District in Tamil Nadu. All old age homes are run either by NGOs or other charitable organizations that receive grants for their maintenance.
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W.P.(MD)No.2556 of 2011
7 . When the provisions of the Act impose an obligation on the Government to establish an old age home in every District, this obligation cannot
be consistently violated by the Government. We, therefore, direct the Government to take the necessary steps to fully comply with the provisions of the Act, in its letter and spirit. We are, however, not suggesting that the Government should discontinue grants to the existing NGOs or Associations currently operating old age homes with Government aid.
8 . This Writ Petition is disposed of with the above directions. No
costs. Consequently, connected Miscellaneous Petition is closed. The petitioner will be at liberty to seek re-opening of the Writ Petition, if the Government does
not take steps for construction of old age Homes within a period of six months from the date of receipt of a copy of this order.
NCC : Yes [R.S.M., J.] [L.V.G., J.] Index : Yes 09.09.2024 smn2
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W.P.(MD)No.2556 of 2011
To:-
1.The Chief Secretary / Chairperson of State Council of Senior Citizens, Social Welfare and Nutritious Meal Program Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009.
2.The Secretary to Government / Member of State Council of Senior Citizens, Social Welfare and Nutritious Meal Program Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009.
3.The Secretary to Government / Member of State Council of Senior Citizens, Health and Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009.
4.The Secretary to Government / Member of State Council of Senior Citizens, Home Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009.
5.The Commissioner / State Level Nodal Officer and Convener of State Council of Senior Citizens, Office of the Commissioner of Social Welfare Department, Chepuak, Chennai – 600 005.
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W.P.(MD)No.2556 of 2011
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD)No.2556 of 2011 and M.P.(MD)No.1 of 2011
09.09.2024
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2 issues framed by the court
Whether the State Government is obligated under Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to establish at least one old age home in every district.
Whether the Government has taken steps to comply with the provisions regarding establishment of old age homes for indigent senior citizens.
Colour shows how this judgement treated each authority
Kisan Seva Sansthan and another vs. State of U.P.Referred¶6
Kisan Seva Sansthan and another vs. State of U.P. and others, 2021 SCC OnLine All 1097 : AIR 2021 All 208 · Who else cites this
3 provisions across 3 enactments
E.Athisayakumar
State of Tamil Nadu
District Collector, Thoothukudi
District Social Welfare Officer, Thoothukudi
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
