High Court · 2025

W.P.(MD) No.1643 of 2019BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 24.06.2025CORAM:THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMandTHE HONOURABLE DR.JUSTICE A.D.MARIA CLETEW.P.(MD) No.1643 of 2019G.R.Sivakumar ... Petitioner-vs-1.State of Tamil Nadu represented by the Chief Secretary Secretariat St.George Fort Chennai-600 0092.The State of Tamil Nadu represented by The Secretary to Government Social Welfare and Nutritious Meal Program Department Government of Tamil Nadu Secretariat, Chennai-600 0093.The State of Tamil Nadu represented by The Secretary to Government Health and Family Welfare Department Government of Tamil Nadu Secretariat, Chennai-600 009_______________Page 1 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 20194.The State of Tamil Nadu represented by The Secretary to Government Home Department Government of Tamil Nadu Secretariat Chennai-600 0095.The Commissioner / State Level Nodal Officer and Convener of State Council of Senior Citizens Office of the Commissioner of Social Welfare Department Chepaukkam Chennai-600 0056.The Director General of Police Office of the Director of General of Police Beach Road Chennai7.The District Collector of Madurai District Collectrate Madurai District8.The Commissioner Office of the Madurai Corporation Madurai9.The District Social Welfare Officer Office of the Social Welfare Officer K.K.Nagar Madurai, Madurai District... Respondents_______________Page 2 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 2019PRAYER: 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 terminally indigent Senior Citizens in Madurai and other Districts with all infrastructure in the State of Tamilnadu within the time stipulated by this Court.For Petitioner:Mr.Shah.A.V.For Mr.R.AlagumaniFor Respondents:Mr.P.ThilakkumarGovernment Pleader for R1 to R7 & R9Mr.S.Vinayak for R8O R D E R[Order of the Court was made by S.M.SUBRAMANIAM, J.]The writ on hand has been instituted seeking a direction to the respondents to establish old age homes for terminally indigent Senior Citizens in Madurai and other districts with all infrastructures in the State of Tamil Nadu, within the time stipulated by this Court._______________Page 3 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 20192. Today, when the matter is taken up for consideration, learned Government Pleader appearing for the respondents 1 to 7 & 9, submitted that by an order dated 09.09.2024, in W.P.(MD) No.2556 of 2011, this Court dealt with an identical issue and disposed of the matter with certain directions and to that effect, he has produced a copy of the said order before this Court.3. This Court perused the order dated 09.09.2024 in W.P.(MD) No.2556 of 2011 and finds that the very same issue has already been dealt with by this Court and the same has been disposed of with certain directions. At this juncture, it would be relevant to extract the said order. Accordingly, the said order is extracted hereunder:“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 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.''_______________Page 4 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 20192. 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, 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.(2) The State Government may, prescribe a scheme for management of old age homes, including the standards and various types of services to be provided _______________Page 5 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 2019by them which are necessary for medical care and means of entertainment to the inhabitants of such homes.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:-''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 _______________Page 6 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 2019(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.7. When the provisions of the Act impose an obligation on the Government to establish an old age _______________Page 7 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 2019home 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.”4. In view of the above, this writ petition is disposed on the same lines. No costs. [S.M.S., J.] [A.D.M.C., J.] 24.06.2025NCC :Yes / NoIndex :Yes / NoInternet:Yes / No_______________Page 8 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 2019 krkTo:1.The Chief Secretary, Secretariat, State of Tamil Nadu, St.George Fort, Chennai-600 009.2.The Secretary to Government, Social Welfare and Nutritious Meal Program Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.3.The The Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu, Secretariat, Chennai-600 009.4.The Secretary to Government, 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, Chepaukkam, Chennai-600 005._______________Page 9 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 20196.The Director General of Police, Office of the Director of General of Police, Beach Road, Chennai.7.The District Collector of Madurai, District Collectrate, Madurai District.8.The District Social Welfare Officer, Office of the Social Welfare Officer, K.K.Nagar, Madurai, Madurai District._______________Page 10 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) No.1643 of 2019S.M.SUBRAMANIAM, J.andDR.A.D.MARIA CLETE , J. krkW.P.(MD) No.1643 of 201924.06.2025_______________Page 11 of 11