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Dr. Anilkumar vs Kerala State Human Rights Commission

Dr. Anilkumar vs Kerala State Human Rights Commission

Type Court Judgment Court Kerala Decided Jan 31, 2023
~2 min read
https://sooperkanoon.com/case/1359588

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/2012/2018

Parties & Advocates

Appellant / Petitioner

Dr. Anilkumar

Respondent

Kerala State Human Rights Commission

Excerpt

in the high court of kerala at ernakulampresent the honourable the chief justice mr.s.manikumar & the honourable mr.justice murali purushothaman tuesday, the 31st day of january 2023 / 11th magha, 1944 petitioner dr. anilkumar, aged 44 years s/o. ambi panicker, kesavabhavan, venniyoor,nellivila po.,thiruvananthapuram pin-695523 by advs.sri.s.saju smt.neelanjana nair respondents: 1 kerala state human rights commission m.p.appan road, vazhuthacaud, thiruvananthapuram pin-695014 represented by its registrar 2 dorathi sumam w/o. soman, cheenivila veedu,tower junction, vengodu po., pariyaram, nedumangad, thiruvananthapuram3 the assistant executive engineer water authority, nedumangadu pin-695541 thiruvananthapram by advs.sri.gopakumar r.thaliyal sri.rahul raj p.m.johny, sc, kwa this writ petition (civil) having come up for admission on 31.01.2023, the court on the same day delivered the following: :: 2 ::judgmentdated this the 31st day of january, 2023 s.manikumar, c.j. this writ petition is filed seeking the following reliefs: a) issue writ or directions in the nature of or similar to writ of certiorari to quash ext.p2 order dated 4.1.2018 issued by the 1st respondent, human rights commission and declaring it as illegal, unreasonable and unconstitutional.b) issue writ or directions in the nature of or similar to writ of mandamus or order to declare that the 1 st respondent has no power to entertain a complaint that prima facie establishes a violation of section 16(b) & 17 of the protection of human rights act 1993 and set aside all further proceedings pursuant to ext.p1 complaint.2. on this day, when the matter came up for hearing,mr.saju s nair, learned counsel for the petitioner submitted that respondent no.2 is no longer residing in the premises in question. it is further submitted that the writ petition has now become infructuous. in view of the above, writ petition is dismissed as infructuous. s.manikumar chief justice murali purushothaman judge jes

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 PETITIONER DR. ANILKUMAR, AGED 44 YEARS S/O. AMBI PANICKER, KESAVABHAVAN, VENNIYOOR,NELLIVILA PO.,THIRUVANANTHAPURAM PIN-695523 BY ADVS.SRI.S.SAJU SMT.NEELANJANA NAIR RESPONDENTS: 1 KERALA STATE HUMAN RIGHTS COMMISSION M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM PIN-695014 REPRESENTED BY ITS REGISTRAR 2 DORATHI SUMAM W/O. SOMAN, CHEENIVILA VEEDU,TOWER JUNCTION, VENGODU PO., PARIYARAM, NEDUMANGAD, THIRUVANANTHAPURAM

3 THE ASSISTANT EXECUTIVE ENGINEER WATER AUTHORITY, NEDUMANGADU PIN-695541 THIRUVANANTHAPRAM BY ADVS.SRI.GOPAKUMAR R.THALIYAL SRI.RAHUL RAJ P.M.JOHNY, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :: 2 ::

JUDGMENT

Dated this the 31st day of January, 2023 S.MANIKUMAR, C.J. This writ petition is filed seeking the following reliefs: a) issue writ or directions in the nature of or similar to writ of certiorari to quash Ext.P2 order dated 4.1.2018 issued by the 1st respondent, Human Rights Commission and declaring it as illegal, unreasonable and unconstitutional.

b) issue writ or directions in the nature of or similar to writ of mandamus or order to declare that the 1 st respondent has no power to entertain a complaint that prima facie establishes a violation of Section 16(b) & 17 of the Protection of Human Rights Act 1993 and set aside all further proceedings pursuant to Ext.P1 complaint.

2. On this day, when the matter came up for hearing,

Mr.Saju S Nair, learned counsel for the petitioner submitted that respondent No.2 is no longer residing in the premises in question. It is further submitted that the writ petition has now become infructuous. In view of the above, writ petition is dismissed as infructuous. S.MANIKUMAR CHIEF JUSTICE MURALI PURUSHOTHAMAN JUDGE jes

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