The Single Judge of the Madras High Court disposed of a writ petition filed 19 years after its inception, instituting a limited liberty for the petitioner to raise the limitation issue before the State Human Rights Commission if the main case remained pending.
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WP No.24545 of 2004
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06-03-2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.24545 of 2004
And
WPMP No.29837 of 2004
M/s.Worldtel Tamil Nadu Pvt Ltd., II Floor, Navazeez Building, Khader Nawaz Khan Road, Nungambakkam, Chennai-600 034. .. Petitioner
vs.
WP No.24545 of 2004
5.The Commissioner, Corporation of Chennai, Chennai-600 003.
.. Respondents
Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent-Commission culminating in the order dated 19.07.2004 in SHRC Case No.5348/2003/SS, quash the same and to forbear the first respondent-Commission from proceeding any further with the complaint filed by the second respondent herein in SHRC Case No.5348/2003/SS and to consequently restrain the second respondent, his men, agents and other persons claiming through or under him from pursuing the complaint before the first respondent-Commission in SHRC Case No.5348/2003/SS or any other complaint pertaining to the alleged occurrence on 04.01.2001 allegedly causing injury to the second respondent.
For Petitioner : Mr.Sakthi Baalakrishnan for Mr.S.Raghunathan For Respondent-1 : Ms.Mythili Srinivas For Respondent-3 : Mr.B.Rajkumar Ashok
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For Respondents-2 and 4 : Not Ready in Notice
For Respondent-5 : No Appearance
O R D E R
The order dated 19.07.2004 passed by the State Human Rights
Commission in SHRC Case No.5348/2003/SS is sought to be quashed in the present writ petition.
writ petition instituted a complaint before the State Human Rights Commission in the year 2004 and the writ petitioner raised preliminary objection regarding maintainability of the complaint on the ground of limitation.
well within the period of limitation and consequently posted the main case
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for enquiry on 31.08.2004.
about 19 years and the learned counsel for the petitioner is also not aware whether the main case been disposed of or not.
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infructuous.
However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
06-03-2023
Speaking Order/Non-Speaking Order. Neutral Citation : Yes/No. Internet : Yes/No. Index: Yes/No. Svn
To
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S.M.SUBRAMANIAM, J.
Svn
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2 issues framed by the court
Whether the writ petition seeking quashing of the SHRCC order is maintainable considering the prolonged pendency and delayed filing.
Whether the learned judge could afford liberty to the petitioner to raise the limitation issue before the SHRCC.
M/s.Worldtel Tamil Nadu Pvt Ltd.
T.S.Sanath Kumar
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
