Sundar v. The State Of Represented By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.10531 of 2025 Sundar ... Petitioner -Vs1. The State of Represented by its Secretary to the Government of Tamil Nadu, Home (Prison) Department, Fort Saint George, Chennai 600 009.
2. The Inspector General of Prison, Tamil Nadu Prison Department, Gandhi Ervin Road, Egmore, Chennai.
3. The Superintendent of Prison, Central Prison, Trichy.
4. The Superintendent of Prison, District Prison, Pudukottai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's
representation dated 06.04.2025 and to admit petitioner's brother i.e., detenue Nanthakumar, S/o Chithambaram, aged about 28 years (Now detained at District Prison, Pudukottai) P.I.D.No.319783 from Pudukottai Government Hospital to Trichy Dhanalakshmi Srinivasan Medical College or Trichy SRM Medical College Hospital for medical treatment.
For Petitioner : M/s.D.S.Haroon Rasheed For Respondents : Mr.S. Ravi Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN, J.
R.POORNIMA, J.
The petitioner is the brother of Nanthakumar, who detained by the Government under the preventive detention law. For his surgery, he has submitted a representation dated 06.04.2025, permitting him to get admission in Dhanalakshmi Srinivasan Medical College at Trichy or SRM Medical College Hospital, Trichy, for better treatment.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the material documents available on record.
3. The Learned Additional Public Prosecutor appearing for the respondents submitted that UGI Scopy surgery was performed on 22.04.2025 and has been discharged on 23.04.2025, after regaining consciousness and becoming fully oriented. He was advised to attend the Gastroenterology Outpatient Department after 15 days to collect the viral load test report.
4. Taking into consideration that the detenu has already been discharged from the Hospital, the petitioner is at liberty to submit a fresh representation seeking post-operative care in a private hospital. Upon receipt of such representation, the respondents shall consider the same within a period of two weeks from the date of receipt of a copy of the order.
5. Accordingly, this Writ Petition is allowed. No Costs. [G.J., J.] & [R.P., J.] 28.04.2025 NCC : Yes / No Index : Yes / No KSA
To
1. The Secretary to the Government of Tamil Nadu, Home (Prison) Department, Fort Saint George, Chennai 600 009.
2. The Inspector General of Prison, Tamil Nadu Prison Department, Gandhi Ervin Road, Egmore, Chennai.
3. The Superintendent of Prison, Central Prison, Trichy.
4. The Superintendent of Prison, District Prison, Pudukottai.
DR.G.JAYACHANDRAN, J.
R.POORNIMA , J.
KSA W.P.(MD)No.10531 of 2025 28.04.2025