Writ petition challenging a State Human Rights Commission order was called repeatedly but the petitioner failed to appear on multiple consecutive listings despite notice; the writ petition and accompanying miscellaneous petitions were dismissed for default.
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.
W.P.No.9709 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.9709 of 2019 and
W.M.P. Nos.10307 and 10308 of 2019 in W.P. No.9709 of 2019
S.Sivaraj
... Petitioner
Vs.
3.Thiru.Rajavelu, Sub Inspector of Police, Karambakkudi Police Station, Pudukottai District.
4.S.Selvaraj
... Respondents
Writ Petition filed under Article 226 of The Constitution of India
praying to issue a Writ of Certiorari to call for the records and quash
Page Nos.1/7
W.P.No.9709 of 2019
the impugned order dated 27.11.2018 passed by first respondent vide SHRC Case No.9694/2015.
For Petitioner : No appearance For Respondents : Mr.P.Chinnadurai for Mr.S.Wilson for R1 R2 to R4 – No appearance
ORDER
[Order of the Court was made by M.SUNDAR, J .,]
Read this in conjunction with and in continuation of proceedings
made in the listing on 04.10.2024 which reads as follows:
'W.P.No.9709 of 2019
and W.M.P.Nos.10307 & 10308 of 2019 in W.P.No.9709 of 2019
M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J.,
[Order of the Court was made by M.SUNDAR. J.,]
Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 20.09.2024 and 27.09.2024 which read as follows:
Page Nos.2/7
W.P.No.9709 of 2019
Proceedings dated 20.09.2024:
'W.P.No.9709 of 2019 and W.M.P.Nos.10307 & 10308 of 2019 in W.P.No.9709 of 2019
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J.,
[Order of the Court was made by M.SUNDAR. J.,]
In the captioned matter, there is no representation for sole writ petitioner.
2. There are four respondents.
3. As regards R1 (SHRC), Mr.S.Wilson, learned counsel has entered appearance, his name is shown in the cause list but there is no representation. As regards R2 and R3, they have been duly served, their names and addresses are shown in the cause list. Registry informs us that no counsel has entered appearance for R2 and R3 and there is no representation either in the physical Court or on 'Videoconferencing' ['VC'] platform today also. As regards R4, Mr.N.Desinghu (Enrol.No.3634/2011) learned counsel with address for service at No.63/33, Katchaleeshwar Kovil, Agraharam Street, Parrys, Chennai-600 001, who is present in Court submits that he has entered appearance for R4. Registry to verify and show the name of learned counsel for R4, if Vakalatnama is in order.
Page Nos.3/7
W.P.No.9709 of 2019
4. This Court, with the intention of giving an opportunity
to writ petitioner and R2, directs the Registry to list the matter again one week hence.
List on 27.09.2024.'
Proceedings dated 27.09.2024:
'W.P.No.9709 of 2019 & W.M.P.Nos.10307 & 10308 of 2019 in W.P.No.9709 of 2019
M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J. ,
(Order of the Court was made by M.SUNDAR.J.,)
Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 20.09.2024.
2. The position is no different today. In other words, Mr.S.Wilson, learned counsel for R1 (SHRC) and Mr.K.Thansean, learned counsel representing the counsel on record for R4 are before us but there is no representation for R2 and R3 either in the physical Court or on the 'VC' ['Videoconferencing'] platform. To be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court. However,with the intention of giving another opportunity to the writ petitioner and learned counsel for writ petitioner, let this matter stand over by one week.
List on 04.10.2024.'
2. Aforementioned proceedings are telltale.
Page Nos.4/7
W.P.No.9709 of 2019
3. The position is no different today i.e., there is no representation for writ petitioner either in physical Court or on 'Videoconferencing' ['VC'] platform but Mr.S.Wilson, learned counsel for R1 [SHRC] and Mr.N.Desinghu, learned counsel for R4 are before us. To be noted, this is a Hybrid Hearing, which is a daily / regular / routine feature in this Court.
4. As there has been no representation on behalf of writ petitioner for last two consecutive listings, let this WP and WMP thereat be listed under the cause list caption 'FOR DISMISSAL' in the next listing which will be on 18.10.2024.
List on 18.10.2024.'
Page Nos.5/7
W.P.No.9709 of 2019
(M.S.,J.) (K.R.S.,J.) 04.11.2024
Index : Yes / No Neutral Citation : Yes / No mmi
To
The Registrar, State Human Rights Commission , No.143, P.S.Kumarasamy Raja Salai (Greenways Road), Chennai – 600 028.
Page Nos.6/7
W.P.No.9709 of 2019
M.SUNDAR, J., and K.RAJASEKAR, J.,
mmi
W.P.No.9709 of 2019
04.11.2024
Page Nos.7/7
1 provisions across 1 enactments
S.Sivaraj
State Human Rights Commission
Thiru.Mannermannan
Thiru.Rajavelu
S.Selvaraj
M.SUNDAR
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
