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Madras High CourtWP/9172/2022closed

Dhanalakshmi v. The State Of Tamil Nadu,

2022-04-25Honourable Mr Justice P. N. Prakash,Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN W.P. No.9172 of 2022 Dhanalakshmi ... Petitioner Vs.

1.The State of Tamil Nadu through its Additional Chief Secretary, Home (Prison) Department, Secretariat, St. George Fort, Chennai - 9.

2.The Director General of Prisons and Correctional Services, Tamil Nadu Prisons and Correctional Services Department, No.6, Whannels Road, Egmore, Chennai - 8.

3.The Deputy Inspector General of Prisons, Coimbatore Range, Gandhipuram, Coimbatore - 641 018.

4.The Superintendent of Prison, Central Prison, Gandhipuram, Coimbatore - 641 018.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondent No.4 to immediately shift the petitioner's son Surya (Convict Prisoner CT 22577) from Coimbatore Central Prison and admit him at Government Coimbatore Medical College Hospital for further effective treatment to his TB formed at his spine and for an order or directing the respondent No.4 to allow anyone of petitioner's family members to be an attendant to help petitioner's son once he is admitted in the Government Coimbatore Medical College Hospital.

For Petitioner : Mr.Arun Kasi For Respondents : Mr.M.Babu Muthumeeran Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Seeking a direction to the fourth respondent to immediately shift the petitioner's son Surya (Convict Prisoner CT 22577) from Coimbatore Central Prison and admit him at Government Coimbatore Medical College Hospital for further effective treatment and also for a consequential direction to allow anyone of petitioner's family members as attendant to help the convict in the hospital, the present writ petition has been filed.

2. On 20.04.2022, we passed the following order: The medical report of the convict prisoner viz., Surya (CT No.22577) shows that he is suffering from acute Tuberculosis in L2 and L3 vertebrae and appears to be bedridden. Therefore, it would be advisable to shift him as an inpatient to the Government Coimbatore Medical College and Hospital, for better treatment. Post the matter on 25.04.2022 "for reporting compliance".

3. Today, when the matter was taken up for hearing, learned counsel for the petitioner and the learned Additional Public Prosecutor submitted that the convict prisoner Surya (CT No.22577) has been admitted in the Coimbatore Medical College Hospital on 23.04.2022 as an in-patient.

4. Learned counsel for the petitioner submitted that an attendant may be permitted to be by the side of the convict prisoner, for which, learned Additional Public Prosecutor submitted that the convict prisoners under treatment would be kept in a separate ward where attendants will not be permitted but however attendants can remain outside the ward and if any assistance is required by the Nursing Department of the hospital, they can inform the attendants.

5. Accordingly, we permit an attendant to remain outside the ward where the convict prisoner is under treatment and as and when required, his/her services can be utilised in this regard. After the treatment is completed, the convict prisoner can be shifted back to the Central Prison, Coimbatore.

6. With the above direction, the writ petition stands closed. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR mmi To 1.The Dean, Coimbatore Medical College Hospital, Coimbatore - 641 018.

2.The Additional Chief Secretary to Government, Home (Prison) Department, Secretariat, St. George Fort, Chennai - 9.

3.The Director General of Prisons and Correctional Services, Tamil Nadu Prisons and Correctional Services Department, No.6, Whannels Road, Egmore, Chennai - 8.

4.The Deputy Inspector General of Prisons, Coimbatore Range, Gandhipuram, Coimbatore - 641 018.

5.The Superintendent of Prison, Central Prison, Gandhipuram, Coimbatore - 641 018.

6.The Public Prosecutor, High Court, Madras.

W.P.No.9172 of 2022 sv[co] srg 04/05/2022