Mohanan Shankaran Kutty v. The Chair Person

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.37714 of 2025 Mohanan Shankaran Kutty ... Petitioner Vs.

1.The Chair Person, Tamil Nadu State Commission for Women, Kalasa Mahal, First Floor, Chepauk, Chennai - 600 005.

2.Monika Prithiviraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari, calling for the records viz., summons dated 20.08.2025 in case No.4286/2025 issued by the 1st respondent and quash the same.

For Petitioner : Ms.K.Sumathi For Respondents : Mr.David Sundar Singh [R1] Notice dispensed with [R2] ***** Page No.1 of 6

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Certiorari, to call for the records viz., summon dated 20.08.2025 in case No.4286 of 2025 issued by the 1st respondent and quash the same.

2. Since no adverse order has been passed against the 2nd respondent, notice to the 2nd respondent is dispensed with.

3. Mr.David Sundar Singh, learned counsel, accepts notice on behalf of the 1st respondent. In view of the consent expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself.

4. The case of the petitioner is that he is no way connected with the 2nd respondent. However, she has made a complaint against the petitioner before the 1st respondent. Pursuant to which, the 1st respondent has issued the impugned summon dated 20.08.2025 to the petitioner, directing him to appear before the Commission for counseling in person. Page No.2 of 6

Challenging the same, the petitioner has filed this writ petition before this Court.

5. The learned counsel for the petitioner submits that the 1st respondent erred in issuing the impugned summon without disclosing the alleged offences mentioned in the complaint and without enclosing a copy of the complaint made by the 2nd respondent to the petitioner. Further, she submitted that the petitioner is a senior citizen and it is not possible for him to appear before the 1st respondent for enquiry. Hence, he submitted that this Court may direct the 1st respondent to send a copy of the complaint made by the 2nd respondent and this Court may permit the petitioner to appear before the 1st respondent to file an application seeking dispensing with his appearance and represent him through an advocate.

6. In view of the limited request sought for by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned summon dated 20.08.2025, directs the 1st respondent to send a copy of the complaint made by the 2nd respondent to the petitioner within Page No.3 of 6

a period of one (1) week from the date of receipt of a copy of this order. Further, the petitioner is granted liberty to file an application before the 1st respondent seeking dispensing with his appearance and represent him through counsel before the 1st respondent, if law permits.

7. With the above direction and liberty, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

08.09.2025 Index : Yes / No Speaking order / Non-speaking order sp Note to office: Issue order copy on 08.09.2025. Page No.4 of 6

To The Chair Person, Tamil Nadu State Commission for Women, Kalasa Mahal, First Floor, Chepauk, Chennai - 600 005.

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M.DHANDAPANI, J.

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