Madras High CourtWP/5210/2015disposed of

Loganayaki v. The District Collector

2015-03-02Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.NO.5210 OF 2015 R.Loganayaki .. Petitioner

Versus

1. The District Collector, Sathuvacheri, Vellore District.

2. The Inspector of Police, Virudhampattu Police Station, Vellore District.

3. The Dean, Vellore Medical College & Hospital, Adukkumparai, Vellore District.

4. The Dean, Kilpauk Mental Hospital, Chennai-600 010.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.07.2014 and consequently directing the respondents to admit the petitioner's son Elumalai in fourth respondent hospital till his normal mental health.

For Petitioner :

Mr.N.Subramani For Respondents:

Mr.R.Vijayakumar Additional Govt. Pleader

O R D E R

Heard Mr.N.Subramani, learned counsel for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader for the respondents.

2. The petitioner has come forward with a peculiar relief of a direction from this Court to the respondents to admit her son Elumalai in the fourth respondent hospital, as he is mentally unsound.

3. The reason given by the petitioner for approaching this Court is that her son has become violent and she alleges that her son has assaulted her and due to his mental condition, he is unaware about the implications of his actions.

4. The learned Additional Government Pleader, on instructions, submitted that earlier the petitioner's son was admitted at the Thiruppathur Government Hospital and he was treated for some time and thereafter, he was discharged from the hospital.

5. Taking note of the plight of the petitioner, who is aged about 65 years, and she lost her husband and having nobody else to support her and she has approached the second respondent by way of a representation to assist her in admitting her son in the hospital, there will be a direction to the second respondent to consider the petitioner's representation dated 15.07.2014, assess the situation and the petitioner's son, namely, Elumalai's state of health and to admit him at the Vellore Medical College and Hospital and the third respondent shall direct the Specialist / Doctor for the mental evaluation as well as other evaluation of the other parameters of the petitioner's son Elumalai and if in the opinion of the Specialist/Doctor of the third respondent Hospital that the petitioner's son requires further advanced treatment, he shall be admitted in the fourth respondent hospital by the second respondent police. The second respondent is directed to implement the above directions within a period of one week from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gg

1. The District Collector, Sathuvacheri, Vellore District.

2. The Inspector of Police, Virudhampattu Police Station, Vellore District.

3. The Dean, Vellore Medical College & Hospital, Adukkumparai, Vellore District.

4. The Dean, Kilpauk Mental Hospital, Chennai-600 010.

1 cc to Mr.N.Subramani, Advocate, Sr. 11435 W.P.NO.5210 OF 2015 LRS (CO) kk 3/3