Stella Mary v. The Superintendent Of Prisons

2024:MHC:3520

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Stella Mary ... Petitioner Vs.

The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai .

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to provide escort to get treatment in Stanley Hospital for the petitioner's husband namely Pandiyan, S/o.Mani, aged about 59 years, Convict No.2416, Convict Prisoner, Central Prison, Puzhal.

For Petitioner : Ms.S.Nadhiya For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court is made by S.M.SUBRAMANIAM, J.] The writ of mandamus has been instituted to provide escort to get treatment in Stanley Hospital for the petitioner's husband namely Pandiyan, S/o.Mani, aged about 59 years, Convict No.2416, now confined at Central Prison, Puzhal, Chennai.

2. The learned counsel for the petitioner would submit that the prisoner is suffering from continuous stomach pain and the treatment provided within the jail premises would be insufficient. Inspite of the treatment given in the prison, the prisoner has not recovered from pain and therefore, the present writ petition is filed seeking a direction to provide treatment in the Stanley Hospital to the prisoner.

3. Learned Additional Public Prosecutor appearing on behalf of the respondent would submit that the letter of Superintendent of Prisons, Central Prison-I, Puzhal, Chennai which would reveal that the prisoner is a known case of Diabetic Mellitus and Umbilical Granuloma and he is under

treatment. His condition is also stable as per the report.

4. However, we are of the opinion that the prisoner may be taken to Stanley Hospital for complete check up and if necessary and if doctors advice further treatment may be provided in the hospital or in the prison as the case may be.

5. Accordingly, the respondents are directed to take the prisoner to the Government Stanley Hospital within a period of one (1) week from today.

6. With the above direction, the Writ petition stands disposed of. No costs.

[S.M.S., J.] [V.S.G., J.] 03.10.2024 Index : Yes Speaking order / Non-speaking order Jeni

To 1.The Superintendent of Prisons, Central Prison-I, Puzhal, Chennai 2.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

Jeni 03.10.2024