Ponvannam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2024 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Ponvannan S/o Kalaivannan ..

Petitioner v.

1. The State of Tamil Nadu rep by the Principal Secretary to Government Home, Prohibition & Excise Department Fort St.George,Chennai 600 009

2. The Director Inspector General of Prison The Tamil Nadu Prison Department Whannels Road, Egmore Chennai 600 008

3. The Superintendent of Prison Vellore Central Prison Vellore District

4. The Inspector of Police Sholavaram Police Station Red Hills, Chennai ..

Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to transfer the petitioner's younger brother named Malarvannan, S/o Kalaivannan remanded accused in Vellore Central prison to Tamil Nadu Government Multi Super Speciality Hospital at Omandurar Government Estate, Chennai to give appropriate medical treatment for his right side broken leg by considering the petitioner's representation dated 02.11.2024. For Petitioner ::

Mr.C.R.Gokulvisvas For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the respondents to transfer the petitioner's younger brother, namely, Malarvannan, S/o Kalaivannan, remand prisoner lodged in Vellore Central Prison to Tamil Nadu Government Multi-Super Speciality Hospital at Omandurar Government Estate, Chennai to give appropriate medical treatment for his right side broken leg by considering the petitioner's representation dated 02.11.2024.

2. The learned counsel appearing on behalf of the petitioner would

submit that during the arrest, the prisoner sustained leg fracture. However, no treatment was provided. Thus the present writ petition came to be instituted.

3. The learned Additional Public Prosecutor would submit that treatment was provided to the prisoner, but he refused to take treatment in the Government Hospital. Now the present writ petition has been filed for a direction to provide treatment in the Government Multi-Super Speciality Hospital, Omandurar Estate at Chennai.

4. It is for the doctors to take a decision regarding the nature of treatment to be provided to the prisoner. Therefore, the respondents are directed to provide all necessary treatments to the prisoner with the advice of the doctors in Government Hospitals. With this observation, the writ petition stands disposed of. No costs.

Index : yes (S.M.S.,J.) (M.J.R.,J.) 25.11.2024 ss

To

1. The Principal Secretary to Government Home, Prohibition & Excise Department Fort St.George,Chennai 600 009

2. The Inspector General of Prison The Tamil Nadu Prison Department Whannels Road, Egmore Chennai 600 008

3. The Superintendent of Prison Vellore Central Prison Vellore District

4. The Inspector of Police Sholavaram Police Station Red Hills, Chennai

5. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 25.11.2024