Amutha Durai Senthil S v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Amutha Durai Senthil ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep. By the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

3.The Superintendent, Central Prison, Cuddalore.

4.The Inspector of Police, Madukur police station, Pattukottai, Thanjavur District.

... Respondents Prayer:Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 01.12.2021 and consequently, to shift the detenue, namely, Kalyana Odai Senthil @ Senthil, S/o.Durairaj from the Jail Hospital, Cuddalore to Government Headquarters Hospital, Cuddalore for providing special treatment for the post Covid-19 for lungs, Coronary Artery disease (Cardiac Stunt placed), Cardiac surgery done on 07.06.2021 for chest pain, diabetic foot care, review for left eye and another surgery to be done in the right eve and also for low back ache diagnosed on diffuse disk pulse L4 and L5.

For Petitioner : Mr.K.Mahendran For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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2.The petitioner's husband was arrested in connection with Crime No.581 of 2021 registered on the file of the fourth respondent on 14.07.2021. He has also been detained as a Goonda. He is presently confined in Central Prison, Cuddalore. He is now said to be suffering from the petition mentioned diseases. 3.The medical report given by the present medical officer also states that the petitioner has been advised Cataract surgery for the right eye. The materials enclosed in the typed set of papers clearly indicates that the petitioner requires a specialised treatment. The petitioner seeks that her husband should be treated in the Government Hospital. She is not asking for treatment in a private hospital.

4.Taking into account the overall facts and circumstances of this case, the third respondent is directed to shift the petitioner from the Jail Hospital to the Government Headquarters Hospital, Cuddalore for providing medical treatment to the petitioner herein. This writ petition is allowed. No costs. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

3.The Superintendent, Central Prison, Cuddalore.

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4.The Inspector of Police, Madukur police station, Pattukottai, Thanjavur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.MAHENDRAN, Advocate ( SR-37506[F] dated 06/12/2021 ) 06.12.2021 RS (08.12.2021) 3P 7C 3/3