Gopal.S v. The State Human Rights Commission

O R D E R (Order of the Court was made by M.DHANDAPANI, J.) This Writ Petition has been filed challenging the order passed by the State Human Rights Commission in S.H.R.C.No.9500 of 2016 dated 10.02.2021.

¶2Learned counsel appearing for the petitioner would submit that the third respondent initially lodged a complaint before the State Human Rights Commission on 17.06.2016. Pursuant thereto, the State Human Rights Commission, by communication dated 14.07.2016, directed the Commissioner of Police to conduct an enquiry. Subsequently, the Assistant Commissioner of Police, after conducting an enquiry, recommended closure of the complaint on

30.09.2016. Thereafter, the petitioner lodged another complaint on 23.11.2016, wherein certain additional facts were stated and a different version was put forth by the third respondent. Without considering the earlier complaint and the closure report, the Commission proceeded to pass the impugned order. Aggrieved by the same, the petitioner has filed the present writ petition.

¶3The learned counsel for the third respondent would submit that this Court may set aside the impugned order passed by the State Human Rights Commission, while granting liberty to the the third respondent to work out the remedy available to him in respect of the earlier complaint dated 17.06.2016 and the closure report dated 30.09.2016, in the manner known to law.

¶4We have heard the learned counsel for the parties and perused the materials available on record.

¶5A perusal of the complaints lodged by the third respondent reveals that there are substantial differences in the facts and versions set out therein. It is also evident that the earlier complaint dated 17.06.2016 and the closure report submitted pursuant thereto were not taken into consideration by the first respondent before proceeding with the subsequent complaint. In such circumstances, the impugned order passed by the State Human Rights Commission cannot be sustained and is liable to be set aside.

¶6Accordingly, the impugned order dated 10.02.2021 passed by the first respondent is set aside. The writ petition is allowed, granting liberty to the third respondent to work out the remedy available to him, in accordance with law, in respect of the earlier complaint dated 17.06.2016 and the closure report submitted pursuant thereto. No costs. Consequently, the connected miscellaneous petition is closed. [M.D.I.,J.] & [N.D.K.,J.]

13.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

¶1The State Human Rights Commission, Rep. by its Registrar, 143-P.S.Kumarasamy Raja Salai, Greenways Road, Chennai 620028.

¶2The Addl. Chief Secretary to Government, Home Department, Government. of Tamil Nadu, Secretariat, Chennai 600 009. M.DHANDAPANI

, J.

and

N.DILIP KUMAR, J. PKN

13.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE N.DILIP KUMAR and WMP (MD) Nos.5172 of 2021 and 3955 of 2022 S.Gopal ... Petitioner vs. 1. The State Human Rights Commission, Rep. by its Registrar, 143-P.S.Kumarasamy Raja Salai, Greenways Road, Chennai 620028. 2. The Additional Chief Secretary to Government, Home Department, Government. of Tamil Nadu, Secretariat, Chennai 600 009. 3. Amirudheen ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the order dated 10.02.2021 made in S.H.R.C.No.9500 of 2016 on the file of the 1st respondent and quash the same as illegal. For Petitioner : Mr.J.Karthikeyan For Respondents : Mr.V.Muthuvelan (R1) : Mr.G.Mohan Kumar (R2) Additional Government Pleader : Mr.AN.Ramanathan (R3)