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Madras High CourtWP/7771/2017disposed of

Kathija Banu v. The Director Prison

2017-04-10Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P. No.7771 of 2017 Kathija Banu .. Petitioner Vs.

1. The Director Prison, Thalamuthu Nadrajan Maligai, Egmore, Chennai - 600 008.

2. The Superintendent of Police, Central Prison, Puzhal, Chennai - 600 066.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent police to provide the necessary medical care and treatment to the petitioner's husband Syed Mohammed Ali @ Rafiq, who is in custody at the Central Prison, Puzhal. For Petitioner : Mr.M.Velmurugan For Respondents : Mr.K.Balamurugan Government Advocate

O R D E R

The petitioner has come up with the present Writ Petition, seeking a direction to the respondent police to provide the necessary medical care and treatment to the petitioner's husband Syed Mohammed Ali @ Rafiq, who is in custody at the Central Prison, Puzhal.

2. The petitioner is the wife of one Syed Mohamed Ali @ Rafiq, who is now confined at Central Prison, Puzhal. According to the petitioner, her husband had undergone open heart surgery for cardiac disorder at Vijaya Hospital, Chennai, in the year 2013 and hence, he requested the prison authorities for proper medication and treatment for his sickness but the prison authorities is unable to provide the necessary treatment. In this regard, she sent representation dated 24.02.2017 to the Government for providing adequate medical treatment to her husband. Since the same was not considered so far, left with no https://hcservices.ecourts.gov.in/hcservices/

other alternative, the petitioner has come up with the present writ petition.

3. Today, when the matter was taken up for consideration, learned Government Advocate appearing for the respondents submitted a Medical Report dated 05.04.2017 signed by the Civil Assistant Surgeon, Central Prison Hospital, Central Prison-II, Puzhal, Chennai - 600 066, wherein it is stated that the petitioner's husband / Syed Mohamed Ali @ Rafiq is being treated with the assistance of Cardiologist of the Stanley Government Hospital.

4. Recording the said submission made by the learned Government Advocate, the present Writ Petition is disposed of, with a direction to the second respondent to evaluate the present condition of the petitioner's husband / Syed Mohamed Ali @ Rafiq and take him to Government Super Specialty Hospital, if required. No costs.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar sri To

1. The Director Prison, Thalamuthu Nadrajan Maligai, Egmore, Chennai - 600 008.

2. The Superintendent of Police, Central Prison, Puzhal, Chennai - 600 066.

+1cc to Mr.M. velmurugan, Advocate Sr. 21621 W.P. No.7771 of 2017 NM(CO) VR(20/4/2017) https://hcservices.ecourts.gov.in/hcservices/