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Writ petition by wife filed for death of husband in rehabilitation centres disposed after 7 years. De-addiction and rehabilitation centres should be periodically inspected: Madras High Court

The Madras High Court passed a judgement on 17th of March, 2023 in which it directed the Institute of Mental Health, Kilpauk, Chennai to inspect the Green Care Rehabilitation Centre at Pozhichalur, the centre in question. This was seen in the case of M. Syed Ali Fathima v. State of Tamil Nadu and Ors. (W.P.No.5058 of 2015 and M.P.No.1 of 2015) and the case was presided over by The Honourable Mr. Justice S.M. Subramaniam

FACTS OF THE CASE:

The petitioner was the wife of one Mr. Mohammed Rahim, filed for a Writ of Mandamus to cancel the license of M/s. Ever Green Rehabilitation Centre where her husband was previously admitted. Her husband was brutally attacked and later succumbed to the injuries. The centre in question changed its name and never appeared to defend themselves.

JUDGEMENT:

The learned single judge after listening to the contentions, directed Institute of Mental Health, Kilpauk, Chennai to inspect the Green Care Rehabilitation Centre at Pozhichalur, the centre in question. The court expressed the importance of regular inspection of de-addiction and rehabilitation centres. It was found that the renamed centre did not have the required permissions required.

The court also advised the petitioner to go ahead with the criminal suit under S.304 of IPC, 1860 and also get the compensation through the case if the outcome is favourable to her under Section 357 of Cr.P.C.

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JUDGEMENT REVIEWED BY SWETA SHOUMYA

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