Chinnapaiyan v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Chinnapaiyan 2.Gopi @ Gopal 3.Venkatesh .. Petitioners Vs.

1.

The Registrar, Tamil Nadu State Human Rights Commission, 143, P.S.Kumarasamy Raja Salai, (Greenways Road) Raja Annamalaipuram, Chennai - 600 028.

2.

Gopalakrishnan 3.

Raja 4.

Ravi ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of certiorarified mandamus, to call for the entire records relating to the order dated 10.01.2024 in case no.2732/22/31/2022/OC on the file of the 1st respondent, quash the same and direct the Human Rights Commission to take the complaint dated 15.02.2022 filed by the petitioners on the file of the Tamil Nadu Human Rights Commission and decide the same on merits.

For Petitioners : Ms.S.P.Nirmala Parameswari For Respondent : Mr.M.Babu Muthumeeran Additional Public Prosecutor for R2

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of the Tamil Nadu State Human Commission dated 10.01.2024 not entertaining the complaint on the ground that the civil suit is subjudice before the competent Civil Court of law is under challenge in the present writ petition.

2.

The Tamil Nadu State Human Rights Commission based on Regulation 9(g) of the State Human Rights Commission, Tamil Nadu (Procedure) Regulations, 1997, closed the complaint. 3.

Perusal of the complaint as well as the affidavit filed in support of the writ petition would reveals that civil dispute between the parties exists and a suit instituted is pending.

4.

The allegation against the 4th respondent is that he tress passed in to the property belongs to the petitioners. Further allegation is that the respondents 2 and 3 aided the 4th respondent to tresspass. 5.

Such allegations would not provide a cause for filing a complaint before the Human Rights Commission. Therefore, the petitioners are at liberty to workout their remedy in the manner known to law. With the above liberty, the Writ Petition stands dismissed. No costs. [S.M.S,J.] [K.R.S,J.] 02.04.2025 (2/2) veda Index:Yes/No Speaking order/Non-speaking order To 1.

The Registrar, Tamil Nadu State Human Rights Commission, 143, P.S.Kumarasamy Raja Salai, (Greenways Road) Raja Annamalaipuram, Chennai - 600 028.

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda 02.04.2025