N SAROJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has come up with the above writ petition for a Mandamus, directing the respondents to treat the petitioner's husband Kora Nagaraj, son of Krishnappa (Convict No.20745) as having become eligible for premature release immediately.

(2.) The case of the petitioner is that her husband Kora Nagaraj is a life convict, undergoing life imprisonment at Central Prison, Vellore. The petitioner's husband was found guilty for an offence punishable under Section 302 IPC in Crime No.615 of 2000 on the file of the Inspector of Police, Hosur, Dharmapuri District. The Trial Court had convicted the petitioner's husband to undergo rigorous imprisonment and on appeal this Court confirmed the same and hence the petitioner's husband had been in jail for the last 10 years. The petitioner stated that her husband had developed complications in health due to diabetics. Since the health of the petitioner's husband is deteriorating, he was admitted at the Government Hospital, Vellore by the Jail Authorities from 8.10.2011 to 10.10.2011. As there was no improvement in the health condition, the petitioner's husband was brought to Chennai and admitted at Rajeev Gandhi General Hospital, Chennai from 11.10.2011 to 17.10.2011. Subsequently, the left leg below the level of knee of the husband of the petitioner was amputated on 18.10.2011 at the Government Hospital at Royapettah.

(3.) According to the petitioner, her husband lost vision in his left eye and thus he was taken to Government Eye Hospital at Egmore on 15.12.2011. The petitioner made a representation to the third respondent herein to provide treatment for her husband in a Private Hospital in order to prevent him from the infection spreading to the right leg of her husband. Since there was an inaction on the part of the third respondent, the petitioner had filed a writ petition in W.P.No.839 of 2012. This Court, by an order dated 3.2.2012, directed the third respondent to admit her husband Kora Nagaraj in a Private Hospital namely M.V.Diabetic and Specialty Nursing Home, Royapuram, Chennai at the cost of the petitioner. The husband of the petitioner was admitted in the said hospital from 8.2.2012 to 22.2.2012, wherein he was given treatment for Diabetic Retinopathy, for both eyes and teeth in upper jaw were totally removed due to diabetic complication. The petitioner's husband was advised for dental review after 15 days to find out whether artificial teeth can be fixed. Since he was suffering from Type-2 Diabetics Mellitus and Chronic Ulcer in his right leg, the husband of the petitioner was advised for review after 3 months. After getting discharged from the Hospital, the husband of the petitioner was lodged in Central Prison, Puzhal till 18.7.2012 and thereafter he was shifted to Central Prison, Vellore.