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S. M. SUBRAMANIAM, V. SIVAGNANAM
Visalakshi, W/o. Nagendran – Appellant
Versus
State of Tamil Nadu, represented by its Secretary Home (Prison) Department – Respondent
ORDER :
(S.M. Subramaniam, J.)
The writ of mandamus has been instituted to direct the respondents to strictly follow the directions of this Hon'ble Court in W.P.No.28879 of 2022 dated 29.11.2022 by transferring the petitioner's husband Mr.P.Nagendran, Life Convict No.1236, now confined in Central Prison, Vellore, the third respondent prison to the Central Prison, Puzhal, Chennai, the fourth respondent for proper medical treatment at Rela Hospital, Chennai.
2. The learned counsel for petitioner Mr.S.Hameed Ismail would strenuously contend that the convict prisoner is seriously ill and on earlier occasion, treatment was provided to him in Rela Hospital. He underwent liver transplantation surgery and has been taking treatment. When an application is filed seeking transfer of prisoner from Vellore to Puzhal and to provide treatment in Rela Hospital at Chennai, it was not considered by the authorities. Thus the present writ petition came to be instituted. The learned counsel for petitioner would further submit that the respondents have failed to implement the orders of this Court dated 29.11.2022 passed in W.P.No.28879 of 2022 and therefore the petitioner is constrained to seek the relief
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 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....
Court directs prison authority to consider representation for humanitarian prisoner transfer within four weeks.
The court has the authority to issue a Writ of Mandamus to direct the authorities to provide necessary medical treatment to a life convict, with the petitioner bearing the expenses.
The legal principle established is that authorities are required to consider applications for prisoner transfers, ensuring that such decisions are made in accordance with the law and serve the ends o....
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