M/S.Kay Jay Forgings Pvt., Ltd., v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and W.M.P.Nos.766, 768 & 771 of 2025 M/s.Kay Jay Forgings Pvt., Ltd., Rep by its DGM Purchase Manager and Admin, Mr.Binu John, Registered Office, A-8, Mayapuri Industrial Area, Phase-I, New Delhi - 110 064.
Corporate Office, E-2, Phase V Focal Point, Ludhiana, Punjab - 141 001.
... Petitioner Vs.
1.The Registrar, State Human Rights Commission, Tamil Nadu, No.143, PS Kumarasamy Raja Salai, Greenways Road, Chennai - 600 028.
2.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
3.The District General of Police, Office of DGP,
Mylapore, Chennai - 600 004.
4.The Superintendent f Police, Krishnagiri District, Krishnagiri - 635 115.
5.The Inspector of Police, Mathigiri Police Station, Hosur, Krishnagiri District.
6.D.Venkatesh Kumar, Proprietor, M/s.Quick Sort Traders, SP-94, SIDCO Industrial Estate, Ambattur, Chennai - 600 058.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order of the 1st respondent and recommendations of the State Human Rights Commission, Tamil Nadu dated 26.11.2024 in I.A.No.1/2024 in SHRC case No.5495/22/48 of 2024 and to quash the same as null and void. For Petitioner : Mr.G.J.Baskar Narayan For Respondents : Mr.K.R.B.Dhaaranee (for R1) Mr.E.Vijay Anand, Additional Government Pleader (for R2) Mr.M.Babu Muthumeeran Additional Public Prosecutor (for R3-5) Mr.P.Thiagarajan (for R6)
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order passed by the State Human Rights Commission in SHRC Case case No.5495/22/48 of 2024, dated 26.11.2024 is under challenge in the present Writ Petition.
2.
The 6th respondent is the complainant before the Commission. The Commission adjudicated the complaint given by the 6th respondent/D.Venkatesh Kumar and directed the Superintendent of Police, Krishnagiri District to provide sufficient police protection to the petitioner/complainant, whenever he submits a petition in this regard and to clear the obstructions, if any, in his business premises. 3.
Perusal of the order impugned passed by the State Human Rights Commission reveals that the Writ Petitioner / M/s.Kay Jay Forgings Private Limited is not a party to the proceedings. Certain general observations are made by the Commission and a direction was issued to provide protection to the 6th respondent/complainant.
4.
Learned counsel for the Writ Petitioner would submit that though the Writ Petitioner has not been impleaded as a party, the issues relating to the petitioner has been adjudicated by the State Human Rights Commission. 5.
In view of the fact that Writ Petitioner is not a party to the proceedings of the State Human Rights Commission, the impugned order is not binding on the Writ Petitioner. If at all the petitioner is of the opinion that the findings caused prejudice to his interest, the petitioner is at liberty to approach the State Human Rights Commission for recalling the order or to review the order impugned.
6.
It is made clear that certain disputed issues of civil nature cannot be adjudicated by the Human Rights Commission. Certain findings, though related to business disputes, there is no mentioning of the name of petitioner in the order. Therefore, this Court is of the opinion that the said order would not have any binding effect as far as the petitioner is concerned. Petitioner is at liberty to work out his remedy, if any grievance exist.
7.
With the above observations, the Writ Petition is disposed of. No
costs. Consequently, the connected Miscellaneous Petitions are closed. [S.M.S., J.] [K.R.S., J.] 20.02.2025 Index: Yes/No Speaking/Non-speaking order gd To 1.The Registrar, State Human Rights Commission, Tamil Nadu, No.143, PS Kumarasamy Raja Salai, Greenways Road, Chennai - 600 028.
2.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
3.The District General of Police, Office of DGP, Mylapore, Chennai - 600 004.
4.The Superintendent f Police, Krishnagiri District, Krishnagiri - 635 115.
5.The Inspector of Police, Mathigiri Police Station, Hosur, Krishnagiri District.
S.M.SUBRAMANIAM, J.
AND K.RAJASEKAR, J.
gd 20.02.2025