R. Sethupathiraja v. Deputy Inspector General of Prison, Madurai
2021-01-14
K.KALYANASUNDARAM, K.MURALI SHANKAR
body2021
DigiLaw.ai
JUDGMENT : K. Kalyanasundaram, J. (Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents 1 and 2 to shift the petitioner's father named Ramachandran, Life Convict (CP No. 5439/2014) from Government Rajaji Hospital, Madurai to any private hospital for better and adequate treatment based on the petitioner's representation dated 12.01.2021.) 1. This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 and 2 to shift the petitioner's father namely, Ramachandran, Life Convict (CP No.5439/2014) from the Government Rajaji Hospital, Madurai to any private hospital for better and adequate treatment based on the petitioner's representation, dated 12.01.2021. 2. Mr.S.Chandrasekar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3. It is the case of the petitioner that his father Ramachandran suffered life conviction and is confined in the Central Prison, Madurai, assigning as Convict Prisoner No.5439/2014 and his appeal is pending before the Hon'ble Apex Court in C.A.No.803/2012. 4. The petitioner would claim that his father is a senior citizen, aged about 65 years and he is a diabetic patient and due to his health condition, he was admitted in a prison hospital and then he was shifted to the Government Rajaji Hospital, Madurai, the third respondent herein. 5. The learned counsel for the petitioner Mr.R.Balamuruganantham would submit that the said life convict Ramachandran was admitted in the Government Rajaji Hospital, Madurai on 09.01.2021 and he was diagnosed 'Cellulitis Left Upper Limb' and his left hand finger requires amputation. It is the further submission of the learned counsel for the petitioner that the sugar level was increased from 300 to 600 on 11.01.2021 and hence, the petitioner wants his father to be admitted in a private hospital for removal of his affected left hand middle finger. 6. The learned Additional Public Prosecutor, on instructions, would submit that the patient requires immediate operation and his health condition is also stable and the respondents have no serious objection for shifting the patient from Government Rajaji Hospital to a private hospital, however, they have to bear entire expenses i.e., medical expenses and the expenses for providing escort. 7.
6. The learned Additional Public Prosecutor, on instructions, would submit that the patient requires immediate operation and his health condition is also stable and the respondents have no serious objection for shifting the patient from Government Rajaji Hospital to a private hospital, however, they have to bear entire expenses i.e., medical expenses and the expenses for providing escort. 7. In reply, the learned counsel for the petitioner would state that the petitioner is ready to bear entire expenses and they want to shift the patient to the Meenakshi Mission Hospital at Madurai. 8. In the light of the above facts, it would be appropriate to issue the following directions:- (i) the respondents 1 and 2 are hereby directed to shift the patient, namely, Ramachandran, S/o Muthuramalingam, Life Convict (C.P.No.5439/2014) from Government Rajaji Hospital, Madurai to Meenakshi Missions Hospital, Madurai forthwith; (ii) the petitioner shall bear the entire medical expenses as well as the expenses for providing escort; (iii) the petitioner shall bring an Ambulance from Meenakshi Mission Hospital to take the patient along with escort; and (iv) after providing treatment at Meenakshi Mission Hospital, the patient, Ramachandran, S/o Muthuramalingam, Life Convict (C.P.No.5439/2014) either be shifted to the Government Rajaji Hospital or to the Jail depending upon his health condition. 9. With the above directions, this Writ Petition is allowed. No costs.