Pakiyalakshmi v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD) No.13910 of 2021 Pakiyalakshmi
...Petitioner
-vs1.State of Tamilnadu, rep. by the Secretary to Government, Home (Prison IV) Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Additional Director General of Prison, Egmore, Chennai-600 008.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
4.The Dean, Tirunelveli Medical College High ground Hospital, Tirunelveli.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, direct the respondents to provide a better treatment to the petitioner's brother Saravanan (LCT No.6703) aged 54 years, S/o.Krishnasamy, who confined at Palayamkottai Central Prison in the Government Hospital, High Ground, Palayamkottai, Tirunelveli.
For Petitioner :Mr.R.Venkatesan For Respondents :Mr.S.Ravi Additional Public Prosecutor
O R D E R
(Order of the Court was made by V. BHARATHIDASAN, J.) This Writ Petition is filed for issuance of Writ of Mandamus directing the respondents to provide a better treatment to the petitioner's brother Saravanan (LCT No.6703) aged 54 years, S/o.Krishnasamy, who confined at Palayamkottai Central Prison in the Government Hospital, High Ground, Palayamkottai, Tirunelveli.
2. The petitioner's brother has been convicted for the offence under Section 302 IPC (5) counts. Earlier, he was awarded with death sentence and on appeal, the death sentence was commuted to life 1/3
sentence that, he shall be in jail throughout his life and now, he is confined in Central Prison, Palayamkottai. Alleging that the convict prisoner is suffering from various ailments and no proper medical treatment has been given by the jail authorities, the present Writ Petition has been filed.
3. When the matter is taken up today, the learned Additional Public Prosecutor has filed a status report with regard to the health condition of the convict prisoner duly signed by the Medical Officer, Central Prison, Palayamkottai.
4. The medical report given by the Medical Officer, Palayamkottai, reads as follows:
'''The above said prisoner was admitted in Central Prison Palayamkottai on 08.01.2003. On 28.08.2021, the above said prisoner was referred to Tirunelveli Medical College Hospital for the complaints of Right Ear Discharge. Deviation of angle of mouth to right side. On 28.08.2021 Tirunelveli Medical College Hospital ENT/ Medicine Doctor opinion obtained and diagnosed as Right Ear Chronic Suppurative Otitis Media / Left LMN Facial Nerve Palsy and treated as out patient. Again on 04.09.2021 the above said prisoner was referred to Tirunelveli Medical College Hospital and treated as outpatient. On 11.09.2021, the above said Prisoner was referred to Tirunelveli Medical College Hospital where Eye/Neurology Doctor opinion was obtained and treated as outpatient. Again on 18.09.
2021 the above said prisoner was referred to Tirunelveli Medical College Hospital for CT Scan Mastoid and Temporal Bone. On 18.09.2021 CT Scan Mastoid and Temporal Bone taken at Tirunelveli Medical College Hospital. At present, in Central Prison Hospital the above said prisoner treated with all the drugs prescribed by Tirunelveli Medical College Hospital Doctors. At present the above said prisoner health condition is stable".
5. Considering the fact that proper medical treatment has been provided to the convict prisoner by the jail authorities, no further order is necessary in this Writ Petition and hence, the same is closed. No costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) cm/csm 2/3
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Secretary to Government, State of Tamilnadu, Home (Prison IV) Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Additional Director General of Prison, Egmore, Chennai-600 008.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
4.The Dean, Tirunelveli Medical College High ground Hospital, Tirunelveli.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
and W.M.P.(MD) No.13910 of 2021 DATED : 26.10.2021 SJ(CO) GC/UV(09.11.2021) 3P 6C 3/3