Parimala v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR in HCP(MD)No. 35 of 2022 PARIMALA ... PETITIONER/WIFE OF THE DETENUE Vs 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI - 600009.
2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, THENI, THENI DISTRICT.
3 THE JAILOR DISTRICT JAIL, THENI DISTRICT.
4 THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT. ... RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to issue direction to the Respondents to give treatment to the petitioners husband namely Selam @ Selvendiran S/o.Karunanithi to either the Theni Government Medical College and Hospital under the direct supervision of the Dean of the said hospital'or in the alternate if that is not feasible for some reason than alone to anyone of the multispeciality hospital situated at Theni for treatin g "Bells Palsy" pulmonary hypertension, reactive airway disease and also for treating other diseases like jaundice, diabetes and to follow up of raised creatinine levels before he develops any further complications, at the cost of the Petitioner by considering the representation given by the petitioner to the second respondent within a stipulated time that may fixed by this Hon'ble Court. 1/3
Prayer in Habeas Corpus Petition(MD) No.35/ 2022 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to issue a Writ of Habeas Corpus or any other Writ or direction calling for the entire records connected with the detention order in Detention order No.65/2021 dated 20/12/2021 on the file of the Respondent No.2 and quash the same as illegal and direct the respondents to produce the body or person of the Petitioner`s husband namely Selvam@Selvendran S/o.Karunanithi aged about 47 year, now confined at the District Jail, Theni before the Hon'ble Court and set him at liberty forthwith .
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.HENRI TIPHANGE, Advocate for the petitioner and of MR.S.RAVI, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- Though the petitioner has prayed for a direction for provision of Physiotherapy to her husband by name Selvam @ Selvendiran, who has been detained under the Tamil Nadu Act 14 of 1982.
2. Mr.Henri Tiphange, learned counsel for the petitioner, would submit that the detenu is now been transferred to the Central Prison at Madurai and a direction could be issued to give treatment in Government Rajaji Hospital, Madurai.
3. Mr.S.Ravi, learned Additional Public Prosecutor, would submit that there would be no difficulty for providing treatment in Government Rajaji Hospital, Madurai. He would further request for a direction to the Commissioner of Police, Madurai, to provide escort.
4. Accepting the submissions made by the learned Additional Public Prosecutor, this petition is ordered and the respondents are directed to provide Physiotherapy to the detenu Selvam @ Selvendiran at Government Rajaji Hospital, Madurai. The Commissioner of Police, Madurai, is directed to provide sufficient escort to the detenu.
sd/- 06/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI - 600009.
2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, THENI, THENI DISTRICT.
3 THE JAILOR DISTRICT JAIL, THENI DISTRICT.
4 THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.
COPY TO 1 THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI.
2 THE COMMISSIONER OF POLICE MADURAI.
ORDER
IN in HCP(MD)No. 35 of 2022 Date :06/04/2022 PM PKP/JM/SAR-1/13.04.2022/3P/8C 3/3