DR.N.THANAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is to quash the Government Order in G.O.Ms.No.759, General (Law and Order) Department, dated 23.08.2010, issued by the first respondent.

(2.) The writ petitioner was appointed as Medical Officer in Central Prison, Madurai on 27.04.2004. Thereafter, he was transferred to Manamadurai Government Hospital and served as Civil Assistant Surgeon. Finally, he was posted as Assistant Professor in Madurai Medical College in the Department of Orthopedics and at present he is holding the post of Senior Assistant Professor.

(3.) The learned counsel appearing on behalf of the writ petitioner states that one deceased Veeraiya, Son of Karuppiah was remanded by the Judicial Magistrate No.I, Madurai for seven cases pending against him and he was detained in Central Prison, Madurai on 12.12.2003. On 22.10.2004 and 23.10.2004 the said accused got treatment at Central Prison Hospital at Madurai and on 04.12.2004 at 08.00 a.m., he complained of Chest pain and difficulty in breathing, he was referred to Government Rajaji Hospital and on his way to the Government Rajaji Hospital, he was expired. The fifth respondent, the Superintendent of Prisons, Central Prison has given a complaint to the B-11, Karimedu Police Station, Madurai and a criminal case was registered in Cr.No.3230 of 2004. The Team of doctors conducted the post mortem on the body of said Veeraiya and found there was no marks of violence or injuries on the body. On receipt of the Chemical analyst report wherein the doctors have opined that the deceased had died of occlusion of feeding vessels of heart (Lt. Coronary artery) and the Revenue Divisional Officer, Madurai had examined the witnesses and formed an opinion that the said deceased Veeraiya died due to the occlusion of feeding vessels of heart.