Madras High CourtWP(MD)/696/2013closed

K.Arumugam, v. State Of Tamil Nadu

2016-09-23Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.696 of 2013 K.Arumugam .. Petitioner Vs.

1.State of Tamil Nadu, Rep. By its Chief Secretary/Chairperson of State Council of Senior Citizens Secretariat, Chennai.

2.The Secretary to Government/Member of State Social Welfare and Nutritious Meal Program Department Government of Tamilnadu, Secretariat, Chennai.

3.The Secretary to Government/Member of State Council of Senior Citizens Health and Family Welfare Department Government of Tamil Nadu, Secretariat, Chennai.

4.The Secretary to Government/ Member of State Council of Senior Citizens, Home Department Government of Tamil Nadu, Secretariat, Chennai.

5.The Commissioner/State Level Nodal Officer and Convener of State Council of Senior Citizens, Office of the Commissioner of Social Welfare Department Chepauk, Chennai.

6.The Director General of Police/Member of State Office of the Director General of Police, Beach Road, Chennai.

.. Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to initiate necessary action to open special wards for senior citizens in all district hospitals with all infrastructure under Section 20 of the Maintenance and Welfare Parents and Senior Citizens Act, 2007 and to direct the respondents to constitute Maintenance Tribunal in each sub division in the state of under Section 7 of the Maintenance and Welfare Parents and Senior Citizens Act, 2007, consequently to direct the respondent numbers, 1,4, 5 and 6 to initiate necessary action to implement chapter 7, rule 21 of the Tamilnadu Maintenance and Welfare Parents and Senior Citizens Rules, 2009 within the stipulated time by this Court by considering the representation preferred by the petitioner dated 30.12.2012. For Petitioner : M/s.R.Alagumani For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

(Order of the Court was made by M.V.MURALIDARAN, J.) The writ petition has been filed seeking a direction to the respondents to initiate necessary action to open special wards for senior citizens in all district hospitals with all infrastructure under Section 20 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and to direct the respondents to constitute Maintenance Tribunal in each sub division in the state of under Section 7 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, consequently to direct the respondent numbers, 1,4, 5 and 6 to initiate necessary action to implement chapter 7, rule 21 of the Tamilnadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 within the stipulated time by this Court by considering the representation preferred by the petitioner dated 30.12.2012.

2. A counter affidavit has been filed by the third respondent, in which, in paragraph 3, it is stated that suitable instructions have been issued to all the Joint Director of Health Services in this State to follow the guidelines in regard to the treatment of Senior Citizens vide Director of Medical and Rural Health Services, Chennai - 6, in reference No.PIO 56/P&D3(2)/12 dated 27.02.2012. The said guidelines are as follows: (i) Special attention to be given to the senior citizens while coming for treatment.

(ii) separate beds should be provided for the senior citizens.

(iii) separate queue should be formulated in the OP department such as while issuing OP chit, checkup place, lab and during receiving drugs, etc., (iv) The same system should be followed in the Indian Medicine Department functioning at the Government headquarters hospitals.

(v) Special attention to be given to the senior citizens while treating in physiotherapy department.

3. Recording the said submissions, the writ petition is closed. No costs.

Sd/ Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Chief Secretary/Chairperson of State Council of Senior Citizens State of Tamil Nadu, Secretariat, Chennai.