Madras High CourtWP(MD)/5522/2015disposed of

K.Maharajan, v. The Cabinet Secretary,

2015-04-15Honourable Mr Justice S. Manikumar,Honourable Mr Justice G. Chockalingam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2015

CORAM:

THE HONOURABLE Mr. JUSTICE S.MANIKUMAR and THE HONOURABLE Mr. JUSTICE G.CHOCKALINGAM W.P.(MD)No.5522 of 2015 and M.P.(MD)Nos.1 to 5 of 2015 K.Maharajan ... Petitioner Vs.

1.The Cabinet Secretary, Union of India, Cabinet Secretariat, Rashtrapathi Bhavan, New Delhi 110 001.

2.The Union Home Secretary, Government of India, South Block, New Delhi 110 001.

3.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

4.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

5.The Chief Secretary, Government of Andhra Pradesh, Hyderabad Andhra Pradesh 500 001.

6.The Director General of Police, Government of Andhra Pradesh, Hyderabad, Andhra Pradesh 500 001.

7.The Human Rights Commission, New Delhi.

(7th respondent has been suo motu impleaded by this Court on 15.04.2015) ... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 08.04.2015 along with Section 2(1)(d) of Human Rights Protection Act, 1993 ensuring human

rights relating to right of life, liberty, equality and dignity of the individual citizen, as guaranteed under the Constitution of India or embodied in the international convenants, enforceable by the Courts of India.

For Petitioner : Mr.W.Peter Ramesh Kumar For Respondents : Mr.M.Alagudevan, Spl.G.P.for R3 and R4 Mr.G.R.Swaminathan, ASG for R1 & 2

O R D E R

(Order of this Court was made by S.MANIKUMAR,J.) A practising Advocate of Madurai Bench of Madras High Court has sought for issuance of a Writ of Mandamus, directing the respondents to consider his representation dated 08.04.2015, as per Section 2(1)(d) of the Protection of Human Rights Act, 1993.

2.When the matter came up for hearing, we pointed out to learned counsel appearing for the petitioner that National Human Rights Commission, New Delhi, has not been impleaded as one of the respondents to this Writ petition. However, taking judicial notice that National Human Rights Commission, New Delhi, has taken cognizance of the subject matter and that the Hon'ble Supreme Court has also issued certain directions, we refrain ourself adverting to the merits of the representation, dated 08.04.2015.

3.We requested Mr.G.R.Swaminathan, learned Assistant Solicitor General to be present and posed a question as to whether is there any objection for suo motu impleading the National Human Rights Commission, New Delhi and to request the counsel to consider the representation of the petitioner dated 08.04.2015. Learned Assistant Solicitor General has no objection for suo motu impleading the National Human Rights Commission, New Delhi, as the 7th respondent in this Writ petition. 4.Accordingly, National Human Rights Commission, New Delhi is impleaded, as party respondent in this Writ petition. The Human Rights Commission, New Delhi / 7th respondent is requested to consider the representation of the petitioner, dated 08.04.2015, as per the provisions of the Protection of Human Rights Act, 1993 and pass appropriate orders.

5.As no notice to National Human Rights Commission, New Delhi, is waived on the submission of the learned counsel for the petitioner, the petitioner is permitted to enclose the representation, dated 08.04.2015, along with copy of this order and send the same to the National Human Rights Commission, New Delhi.

6.The Writ petition is disposed of. No costs. Consequently, connected M.Ps.are closed.

Sd/- Assistant Registrar(Per Admn.) /TRUE COPY/ Sub Assistant Registrar

To 1.The Cabinet Secretary, Union of India, Cabinet Secretariat, Rashtrapathi Bhavan, New Delhi 110 001.