The Court dismissed a writ petition challenging the Kerala State Human Rights Commission's refusal to accept a 2017 complaint. Finding no evidence the complaint was filed, the Court accepted the Commission's version and closed the case without directing acceptance of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939
WP(C).No. 1812 of 2018
PETITIONER(S)
M.V.ALIAS, S/O VARKEY, AGED 38 YEARS, MANIYELI HOUSE, THURUTHI PO, KURUPPAMPADY, ERNAKULAM DISTRICT.
BY ADV.SRI.GEORGE SEBASTIAN
RESPONDENT(S):
SMT.THUSHARA JAMES, SC, KSHRC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1812 of 2018 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 6.11.2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE REPORT DATED 15.12.2014 SUBMITTED BY THE 4TH RESPONDENT WHILE WORKING AS SUB INSPECTOR OF POLICE, CHENGANNOOR POLICE STATION.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 20.10.2014 IN CRIMINAL M.A 4212 OF 2013 IN CRIMINAL M.C. 2010/2013
EXHIBIT P4 A TRUE COPY OF THE REPORT DATED 16.12.2014 SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE COVERING LETTER DATED 16.12.2014
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 21.8.2017 PASSED BY THE 1ST RESPONDENT IN HRMP 921/2016
EXHIBIT P7 A TRUE COPY OF THE COMPLAINT DATED 23.11.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
W. P. (C) No.1812 of 2018
Dated this the 12th day of February, 2018
JUDGMENT
Antony Dominic, C.J.
Heard the learned counsel for the petitioner and
the learned Standing Counsel appearing for the first respondent.
W. P. (C) No.1812 of 2018 -2-
Commission that Ext.P7 was not filed before it. It is also stated that if the petitioner had filed the petition, the Commission would have received it on file for appropriate action in the matter.
In such a situation, we can only accept the version of the Commission and therefore, this writ petition is closed leaving it open to the petitioner to file his complaint before the Commission and it is for the Commission to take action in accordance with law.
Sd/- ANTONY DOMINIC CHIEF JUSTICE
Sd/- DAMA SESHADRI NAIDU JUDGE
kns/-
//TRUE COPY//
P.S. TO JUDGE
W. P. (C) No.1812 of 2018 -3-
-4-
W. P. (C) No.1812 of 2018
ANTONY DOMINIC, Ag. C.J. & DAMA SESHADRI NAIDU, J.
W. P. (C) No.1812 of 2018
Dated this the 18th day of January, 2018
ORDER
Antony Dominic, Ag. C.J.
In this writ petition, the main grievance of the petitioner is that he presented Ext.P7 complaint before the Human Rights Commission on 04.12.2017 and the Commissioner has refused to accept the complaint and returned it observing that the petitioner can approach the High Court. It is with this allegation, he has filed the writ petition with a direction to the Commission to accept the original of Ext.P7 complaint and consider the same on merits and in accordance with law.
Call after ten days.
Sd/-
ANTONY DOMINIC ACTING CHIEF JUSTICE
-5-
W. P. (C) No.1812 of 2018
Sd/-
DAMA SESHADRI NAIDU JUDGE
kns/-
//TRUE COPY//
P.S. TO JUDGE
2 issues framed by the court
Whether this Court should direct the Kerala State Human Rights Commission to accept a complaint that the Commission denied receiving.
Whether sufficient evidence exists to prove that the complaint was actually filed before the Commission.
M.V.ALIAS
THE KERALA STATE HUMAN RIGHTS COMMISSION
DR. ARUL R.B. KRISHNA
R. BINU
VARGHESE
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
