S.Sivaraj, v. State Human Rights Commission,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.M.P. Nos.10307 and 10308 of 2019 in W.P. No.9709 of 2019 S.Sivaraj ... Petitioner Vs.
1.State Human Rights Commission rep. By its Registrar, No.143, P.S.Kumarasamy Raja Salai (Greenways Road), Chennai - 600 028.
2.Thiru.Mannermannan, Inspector of Police, Kantharvakottai Police Station, Pudukottai District.
3.Thiru.Rajavelu, Sub Inspector of Police, Karambakkudi Police Station, Pudukottai District.
4.S.Selvaraj ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records and quash Page Nos.1/7
the impugned order dated 27.11.2018 passed by first respondent vide SHRC Case No.9694/2015.
For Petitioner :
No appearance For Respondents :
Mr.P.Chinnadurai for Mr.S.Wilson for R1 R2 to R4 - No appearance
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Read this in conjunction with and in continuation of proceedings made in the listing on 04.10.2024 which reads as follows: 'W.P.No.9709 of 2019 W.M.P.Nos.10307 & 10308 of 2019 in W.P.No.9709 of 2019 M.SUNDAR,J., K.GOVINDARAJAN THILAKAVADI, J., [Order of the Court was made by M.SUNDAR. J.,] Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 20.09.2024 and 27.09.2024 which read as follows:
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Proceedings dated 20.09.2024:
'W.P.No.9709 of 2019 and W.M.P.Nos.10307 & 10308 of 2019 in W.P.No.9709 of 2019 M.SUNDAR, J., K.GOVINDARAJAN THILAKAVADI, J., [Order of the Court was made by M.SUNDAR. J.,] In the captioned matter, there is no representation for sole writ petitioner.
2. There are four respondents.
3. As regards R1 (SHRC), Mr.S.Wilson, learned counsel has entered appearance, his name is shown in the cause list but there is no representation. As regards R2 and R3, they have been duly served, their names and addresses are shown in the cause list. Registry informs us that no counsel has entered appearance for R2 and R3 and there is no representation either in the physical Court or on 'Videoconferencing' ['VC'] platform today also. As regards R4, Mr.N.Desinghu (Enrol.No.3634/2011) learned counsel with address for service at No.63/33, Katchaleeshwar Kovil, Agraharam Street, Parrys, Chennai-600 001, who is present in Court submits that he has entered appearance for R4. Registry to verify and show the name of learned counsel for R4, if Vakalatnama is in order.
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4. This Court, with the intention of giving an opportunity to writ petitioner and R2, directs the Registry to list the matter again one week hence.
List on 27.09.2024.'
Proceedings dated 27.09.2024:
'W.P.No.9709 of 2019 & W.M.P.Nos.10307 & 10308 of 2019 in W.P.No.9709 of 2019 M.SUNDAR.J., K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR.J.,) Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 20.09.2024.
2. The position is no different today. In other words, Mr.S.Wilson, learned counsel for R1 (SHRC) and Mr.K.Thansean, learned counsel representing the counsel on record for R4 are before us but there is no representation for R2 and R3 either in the physical Court or on the 'VC' ['Videoconferencing'] platform. To be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court. However,with the intention of giving another opportunity to the writ petitioner and learned counsel for writ petitioner, let this matter stand over by one week.
List on 04.10.2024.'
2. Aforementioned proceedings are telltale.
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3. The position is no different today i.e., there is no representation for writ petitioner either in physical Court or on 'Videoconferencing' ['VC'] platform but Mr.S.Wilson, learned counsel for R1 [SHRC] and Mr.N.Desinghu, learned counsel for R4 are before us. To be noted, this is a Hybrid Hearing, which is a daily / regular / routine feature in this Court.
4. As there has been no representation on behalf of writ petitioner for last two consecutive listings, let this WP and WMP thereat be listed under the cause list caption 'FOR DISMISSAL' in the next listing which will be on 18.10.2024. List on 18.10.2024.'
2. Today, the captioned matter is listed under the cause list caption 'FOR DISMISSAL' but there is no representation for writ petitioner either in the physical Court or on VC (video conferencing) platform, however, for R1 (SHRC) Mr.P.Chinnadurai, learned counsel representing Mr.S.Wilson, learned counsel is before us but there is no representation for other private respondents (R2 to R4). Page Nos.5/7
3. In the light of the earlier proceedings dated 04.10.2024 and narrative thus far, captioned writ petition is dismissed for default. Consequently, captioned writ miscellaneous petitions thereat are also dismissed for default. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 04.11.2024 Index : Yes / No mmi To The Registrar, State Human Rights Commission , No.143, P.S.Kumarasamy Raja Salai (Greenways Road), Chennai - 600 028.
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M.SUNDAR, J., K.RAJASEKAR, J., mmi 04.11.2024 Page Nos.7/7