Dias Coimbra Lourenco Armando Rui Vs the… — Writ and Judicial Review | Madras HC (2025)

Dias Coimbra Lourenco Armando Rui Vs the… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondent, Superintendent of Prisons, Central Prison-1, Puzhal, to expedite the procedures and provide all necessary medical treatment to the petitioner in accordance with the applicable rules; writ petition disposed of with the above directions, no costs.

Issue for consideration

Whether the respondent (Superintendent of Prisons, Central Prison-1, Puzhal) should be directed to consider the petitioner's representation dated 16.12.2024 and admit the petitioner — a 65-year-old convict prisoner, stated to be a foreign national suffering a prostate/urinal ailment — to the Kalaigar Multi Speciality Government Hospital, Guindy (or another specialty hospital) for proper medical treatment.

Court's answer

In view of the Additional Public Prosecutor's submission that all necessary treatment would be provided as per medical advice, the respondent is directed to expedite the procedures and provide all necessary treatment to the prisoner by following the procedures contemplated under the rules.

Detailed headnote1 paragraphs

Prisoner welfare / right to medical treatment — Writ of Mandamus under Article 226 — Petitioner, Dias Coimbra Lourenco Armando Rui (aged 65), stated to be a foreign national ('citizen of Portucal'), convict prisoner confined in Central Prison-1, Puzhal, suffering a prostate (urinal) ailment — treatment at Government Stanley Medical Hospital, Chennai had not yielded better results, and Stanley doctors recommended treatment at the Government Specialty Hospital at Guindy — representation dated 16.12.2024 to the Superintendent of Prisons sought admission in Kalaigar Multi Speciality Government Hospital, Guindy — learned Additional Public Prosecutor submitted that, per Stanley doctors' advice, all necessary treatment would be provided at the Government Specialty Hospital, Guindy or any other specialty hospital as per medical advice — Division Bench (S.M. Subramaniam and M. Jothiraman JJ.; order made by M. Jothiraman J.) directed the respondent to expedite procedures and provide all necessary treatment following the rules — writ petition disposed of, no costs.

W.P.No.754 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2025

CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

W.P.No.754 of 2025

Dias Coimbra Lourenco Armando Rui

... Petitioner

Vs.

The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai 600 066

... Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 16.12.2024 and to admit the petitioner, namely, Dias Coimbra Lourenco Armando Rui, S/o. Manuel Lourenco, aged 65 years, convict prisoner, now confined in the Central Prison1, in the Kalaigar Multi speciality Government Hospital, Guindy, Chennai for provide proper medical treatment to him.

For Petitioner : Mr. P.Pugalenthi For Respondents : Mr. R.Muniyapparaj, Additional Public Prosecutor

ORDER

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W.P.No.754 of 2025

(Order of the Court was made by M.JOTHIRAMAN , J. )

The Writ of Mandamus has been instituted to direct the respondent to consider the representation submitted by the petitioner on 16.12.2024 and admit him in Kalaigar Multi Specialty Government Hospital, Guindy, Chennai for providing proper medical treatment.

2. The learned counsel for the petitioner Mr. P.Pugalenthi would submit that the prisoner is a citizen of Portucal/foreign national. He is suffering with urinal problem (Prostate) and therefore, unable to sleep peacefully. Treatment at Government Stanley Medical Hospital, Chennai was provided by the Prison Authorities.

3. He would further submit that he require further specialty treatment as the treatment given at Stanley Hospital has not yielded any better result. The Doctors at Stanley Hospital has already recommended the prisoner to provide treatment in Government Specialty Hospital at Guindy. Thus, the present writ petition.

4. The learned Additional Public Prosecutor Mr.R.Muniyapparaj, would submit that as per the advice of the Doctor's at Government Stanley Medical Hospital, all necessary treatment will be provided in Government Specialty Hospital in Guindy or in any other specialty hospital as per the medical advice.

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W.P.No.754 of 2025

5. In view of the said submission, the respondent is directed to expedite

the procedures and provide all necessary treatment by following the procedures

as contemplated under rules.

6. With the above directions, this writ petition stands disposed of. No

cost.

[S.M.S., J.] [M.J.R., J.]

10.01.2025

Index: Yes/No Speaking/Non-speaking order

mrp

To

The Superintendent of Prisons, Central Prison-1, Puzhal, Chennai 600 066

The Public Prosecutor, High Court of Madras.

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W.P.No.754 of 2025

S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.

mrp

W.P.No.754 of 2025

10.01.2025

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