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Madras High CourtWP/32244/2017dismissed

A.P.Christal @ Jaya v. The District Collector

2022-02-02Honourable Mr Justice Krishnan Ramasamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.02.2022

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.32244 of 2017 A.P.Christal @ Jaya ... Petitioner Vs.

1.The District Collector, Chennai.

2.The Joint Commissioner of Police (North) Chennai.

... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take necessary action as per the order of the Hon'ble State Human Rights Commission, Tamil Nadu, in Case No.2684 of 2017/HCP dated 17.05.2017 and 1st respondent Letter No. Na.Ka.11657/2017/M2 dated 24.05.2017.

For Petitioner : Mr.K.Thenrajan For Respondents : Mrs.C.Meera Arumugam Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to take necessary action as per the order of the Hon'ble State Human Rights Commission, Tamil Nadu, in Case No.2684 of 2017/HCP, dated 17.05.2017 and 1st respondent Letter No. Na.Ka.11657/2017/M2 dated 24.05.2017.

2. The case of the petitioner is that one Abinaya has given complaint and on 17.05.2017, the following order was passed:

" Forward to 1) the Joint Commissioner of Police (North) Chennai and 2) the District Collector, Chennai for necessary action that the matter calls for. The complaint is closed."

Subsequent to the above order, according to the petitioner, they https://hcservices.ecourts.gov.in/hcservices/

have not taken any action and therefore, he has approached this Court by virtue of the present writ petition.

3. Per contra, Mrs.C.Meera Arumugam, learned Additional Government Pleader appearing for the respondents would submit that the complaint of the said Abinaya was considered and disposed of and this matter is civil in nature and further, he submitted that in the said complaint, the petitioner is not at all a party and therefore, she has no locus standi. Therefore, this writ petition is not maintainable and liable to be dismissed.

4. Upon hearing, it appears that the State Human Rights Commission, passed an order against the complaint of one Abinaya's. However, the petitioner A.P.Christal @ Jaya is not at all a party in the said complaint. As per submissions of the learned counsel for the respondents, it is clear that Abinaya's complaint was disposed of and further action was taken.

5. Therefore, this Court is of the considered view that the present Writ Petition is not maintainable and the same is liable to be dismissed.

6. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Pns To 1.The District Collector, Chennai.

2.The Joint Commissioner of Police (North) Chennai.

+1cc to Mr.V.Karnan, Advocate SR.No.6338 +1cc to the Government Pleader SR.No.7340 W.P.No.32244 of 2017 RSV(CO) GN(04/03/2022) https://hcservices.ecourts.gov.in/hcservices/