Back
S. VAIDYANATHAN, A. D. JAGADISH CHANDIRA
Visalakshi – Appellant
Versus
State of Tamil nadu, represented by its Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the second respondent to transfer the petitioner's husband, by name, P.Nagendran S/o. Ponnusamyu, aged about 54 years, serving as life convict No.1236 from the third respondent to the fourth respondent to enable him to take complete treatment of liver transplantation.)
S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.
1. The present writ petition has been filed by the wife seeking transfer of her husband P.Nagendran S/o. Ponnusamy, aged about 54 years, who is of the life convict, from Central Prison, Vellore to Central Prison-I, Puzhal so as to enable him to take treatment for his liver transplantation.
2. The case of the petitioner is that her husband is a life convict (No.1236) who was originally convicted and sentenced to undergo imprisonment for 10 years by the V Additional Sessions Court, Chennai, in S.C. No.316/1998 dated 14.07.1999 for the offences under Section 302 r/w. 34 IPC.
3. It is the further case of the petitioner that her husband is suffering from various ailments including liver disease and as per the advise of Doctor, liver transplant to the conv
The court balanced the medical needs of the prisoner with the administrative grounds for prisoner transfer, ultimately permitting the transfer for a limited period and subject to compliance with pris....
The court clarified that medical treatment for prisoners must be based on medical advice from authorized institutions, emphasizing compliance with prior court orders.
The court ruled on the petitioner's request to transfer her husband's location on humanitarian grounds after the prior representation was rejected.
Prison transfers for administrative expediency like overcrowding are valid under prison rules, not violating family rights if distances are equitable.
Court directs disposal of prisoner's transfer representation within two weeks under Article 226.
Writ court cannot interfere with trial court's prison transfer direction under NDPS Act; separate jurisdiction for trial delays.
The High Court can issue a direction to administrative authorities to consider and dispose of a pending service-related representation, particularly regarding transfers on medical grounds, within a s....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
