M.Velmurugan v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Velmurugan ... Petitioner vs.

The Chairman, Tamilnadu State Human Rights Commission, No.143, P.S.Kumarasamy Raja Salai, Chennai-600 028.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondent herein to reopen the Case No.1706/2019 on the file of the respondent and investigate the matter according to law by considering the petitioner's representation dated 04.09.2019 within the stipulated time.

For Petitioner : Mr.S.Saravanan For Respondent : Mr.Hari Sudarjana for Mr.C.Arul Vadivel @ Sekar 1/4

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) It is the grievance of the petitioner that his complaint dated 14.02.2019 has not been considered by the State Human Rights Commission.

2.

A perusal of the complaint shows that the same is addressed to the Director General of Police and a copy of it is forwarded to the Chairperson of the State Human Rights Commission. Regulation 9(i) of the State Human Rights Commission Tamil Nadu (Procedure) Regulations, 1997, provides that the Commission shall not entertain a complaint where the complaint is a copy of the complaint addressed to some other authority. Therefore, the Commission cannot be faulted for having rejected the complaint filed by the petitioner.

3.

Hence, this Writ Petition is dismissed leaving it open to the petitioner to make a fresh complaint to the Tamil Nadu Human Rights Commission. The period during which this writ petition was 2/4

pending will be excluded in computing the period of limitation for filing the fresh complaint. No costs.

NCC : Yes / No [R.S.M.,J.] & [L.V.G.,J.] Index : Yes / No 08.03.2023 Internet : Yes bala Note : Upload the order copy by 13.03.2023.

To The Chairman, Tamilnadu State Human Rights Commission, No.143, P.S.Kumarasamy Raja Salai, Chennai-600 028.

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R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

bala ORDER MADE IN DATED : 08.03.2023 4/4