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2022 Supreme(Mad) 2267

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, J. SATHYA NARAYANA PRASAD, JJ.
S. Krishnamurthy & Others - Appellant
Versus
Dr. Manivasan, The Principal Secretary Social Welfare & Nutritious Meal Programme Department & Others - Respondent
Contempt Petition No. 515 of 2018 W.P. No. 22967 of 2015 & Writ Petition Nos. 16984 & 28237 of 2017 Writ Petition Nos. 30458, 30469, 30874 & 30884 of 2019 & WMP. Nos. 30976, 30977, 30978, 30973, 30974, 30975 & 30481 of 2019
Decided On : 30-06-2022

Advocates appeared:
For the Petitioners:Mr. J. Narayanasamy, S. Arokia Maniraj, N.L. Rajah, Senior Counsel, K.R. Arun Shabari, Advocates. For the Respondents:V. Arun, Additional Advocate General Assisted by P. Balathandayutham, Special Government Pleader, R4, Aparna Nandakumar, R5, K.R. Arun Shabari, C.G. Kumar, Advocates, N.L. Rajah, Senior Counsel.

Headnote:(A) The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Sections 19 and 20 - Government Order No. 83 dated 23.11.2016 - Issue of the enforcement of rights of senior citizens and regulatory framework of private old age homes - The impugned order was found to be valid as the Court exercised its parens patriae jurisdiction to ensure welfare of senior citizens. (Paras 37-43)

(B) Public Interest Litigation - The State must act to oversee the management of private old age homes to ensure compliance with rights of elderly - The G.O. aims at safeguarding the dignity and well-being of senior citizens and is constitutionally valid. (Paras 64-67)

Facts of the case:
The court reviewed multiple writ petitions concerning allegations of non-implementation of government guidelines for private old age homes, addressing issues like inspection, food supply, transparency in management, and other essential services.

Findings of Court:
The court upheld the G.O. as valid and directed the State Government to implement the provisions ensuring the welfare of elderly residents.

Issues: The main issues revolved around the constitutionality of G.O. Ms. No. 83, its applicability to private old age homes, and the State's obligations under the Maintenance and Welfare of Parents and Senior Citizens Act.

Ratio Decidendi: The court emphasized the significance of the 'parens patriae' doctrine, finding that the State has a duty to protect the rights of vulnerable senior citizens, thereby supporting the government's role in regulating private homes.

Result: Contempt Petition closed and related writ petitions disposed of, upholding the G.O.

Table of Content
1. morality of society based on treatment of senior citizens. (Para 1 , 2)
2. common issues and legal concerns in cases. (Para 3 , 4 , 5 , 6 , 14)
3. insights on public interest litigation related to senior citizens. (Para 7 , 8 , 9)
4. submissions regarding welfare laws for senior citizens. (Para 19 , 20 , 21 , 22)
5. legal framework and provisions for senior citizens. (Para 27 , 28 , 29)
6. need for proper regulations governing private old-age homes. (Para 30 , 31 , 32 , 33 , 34)
7. continuing inadequacies in elder care. (Para 36 , 37 , 38 , 40)

JUDGMENT

(Prayer: Contempt Petition filed under Section 11 of The Contempt of Courts Act, 1971 praying to punish the respondent or any other authority as this Court deems fit for Contempt of Court, for deliberately disobeying the order dated 28.11.2016 passed in WP No. 22967 of 2015.

Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to effectively and strictly implement the G.O. Ms. No. 83 in Social Welfare and Nutritious Meal Programme Department dated 23.11.2016 in the State of Tamil Nadu.

Petition under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to implement G.O.Ms.No.83 dated 23.11.2016 issued by the Social Welfare and Nutritious Meal Programme Department that (1)All senior citizen homes must register with the District Social Welfare Officer (DSWO). All bi-lateral agreements between the senior citizen and the Home must be compulsorily registered with the appropriate authority (2)Food and other essential services to the residents should not be stopped under any circumstances (3)Fund provides should be inducted as majority in the management for financial transparency (4)there should be proper medical facilities, supply of purified drinking water and other various basic requirements of senior citizens; and file a report for the above compliance before this court.

Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent pertaining to the Government Order dated 23.11.2016 in G.O. (Ms) No.83, issued by the Social Welfare and Nutritious Meal Programme (SW6(1) Department viz., the first respondent herein, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Tamil Nadu Maintenance of Welfare of Parents and Senior Citizens Rules, 2009 and quash the same and direct the third respondent not to take any action against the petitioner under the G.O. (Ms) No. 83 dated 23.11.2016 issued by the first respondent.

Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent pertaining to the Government Order dated 23.11.2016 in G.O. (Ms) No.83, issued by the Social Welfare and Nutritious Meal Programme (SW6(1) Department viz., the first respondent herein, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Tamil Nadu Maintenance of Welfare of Parents and Senior Citizens Rules, 2009 and quash the same and direct the third respondent not to take any action against the petitioner under the G.O. (Ms) No. 83 dated 23.11.2016 issued by the first respondent.

Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent pertaining to the Government Order dated 23.11.2016 in G.O. (Ms) No.83, issued by the Social Welfare and Nutritious Meal Programme (SW6(1) Department viz., the first respondent herein, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Tamil Nadu Maintenance of Welfare of Parents and Senior Citizens Rules, 2009 and quash the same and direct the third respondent not to take a







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