Anil K. Narendran, J.

1. The petitioner, who is the respondent in Ext. P1 complaint filed by the 2nd respondent herein, before the Kerala State Human Rights Commission (hereinafter referred to as 'the Commission') has filed this writ petition seeking a writ of certiorari to quash Ext. P1 complaint and seeking a declaration that the said complaint is not maintainable before the Commission. He has also sought for a writ of certiorari to quash Ext. P3 proceedings dated 11.12.2013 passed by the Commission in Ext. P1 complaint.

2. Going by the averments in Ext. P1 complaint, the 2nd respondent's husband who was an Army Captain died 18 years back while serving the nation, leaving behind herself and two daughters, who are now pursuing their medical and engineering studies at Bangalore. In order to meet the educational expenses of her children, the 2nd respondent was constrained to sell her dwelling house and decided to shift residence to a tenanted premises. The 2nd respondent entrusted Rs. 3,00,000/- to the petitioner herein and his wife Ajitha Rani, on execution of a promissory note and cheque by the petitioner as security, for taking a residential premises on mortgage ('otti'). But, they never handed over possession of the residential premises to the 2nd respondent and thereby cheated her. The cheque on presentation for encashment was dishonoured with an endorsement 'insufficiency of funds'. The 2nd respondent was unaware of the time limit prescribed for filing a complaint before the Court. She believed the repeated assurance made by the petitioner and his wife that, the amount will be repaid at the earliest. On the assurance made by the petitioner and his wife, when the 2nd respondent went to their house on 15.08.2013, she was abused with filthy language and brutally assaulted. She took treatment in the hospital and thereafter, filed complaint before the City Police Commissioner, which was forwarded to the Circle Inspector, Museum Police Station and the Sub Inspector, Poojappura Police Station. On 26.08.2013, in the deliberations held at the Poojappura Police Station, in the presence of the Circle Inspector and Sub Inspector, the 2nd respondent was constrained to withdraw the complaint on receiving Rs. 50,000/-, on the assurance that the balance amount of Rs. 2,50,000/- will be paid before 10th of September. But the said amount was not paid as agreed upon. When the 2nd respondent demanded payment of the said amount, she was threatened to be killed in a hit and run motor accident, without leaving any evidence and if that happens, there is none to take care of her children.

3. The 2nd respondent has stated in Ext. P1 complaint that, she is not in a position to collect the hospital records of the treatment she had undergone and that, the time limit for approaching the court is also over. She is more concerned about return of her money than punishing those who harassed her, since she is in dire need of that amount for the marriage and other expenses of her daughters. Therefore, she prayed for an appropriate orders of the Commission, on humanitarian grounds, to get back the amount from the petitioner and his wife. The 2nd respondent has also stated in Ext. P1 complaint that, she had earlier approached the Commission on 21.08.2013 in HRMP No. 5589/13/TVM, but the said complaint was not entertained on the ground that the Commission shall not entertain complaints relating to monetary disputes, which has to be redressed by filing a complaint before Court, and that in the complaint before the Commission there is no allegation that, she had filed any complaint before Police alleging physical attack. Therefore, she was directed to file a complaint before Police and was permitted to approach the Commission again if no action is taken by the Police, along with wound certificate and treatment records from the Medical College.

4. Based on Ext. P1 complaint, the Commission issued Ext. P2 notice to the petitioner asking him to file objection