State Government is mandated to establish at least one old age home in each district under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

ORDER :

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 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, 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 by 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 (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