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2021 Supreme(Ker) 482

S.MANIKUMAR, SHAJI P.CHALY
Kallara Grama Panchayath – Appellant
Versus
Kerala Human Rights Commission – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. K. Siju.
For the Respondents: Sri. Bijily Joseph, Sri. Tek Chand, Sri. P. Benjamin Paul.

JUDGMENT :

S. MANIKUMAR, J.

1. This writ petition is filed challenging Ext. P5 order, HRMP No. 8402/2014 dated 11.12.2017 and also seeking for a direction to declare that the complaint preferred by the 3rd respondent is barred by limitation as per Section 36(2) of the Protection of Human Rights Act, 1993 (‘Act 1993’ for short) and clause 17(d) of the Kerala Human Rights Commission (Procedure) Regulations, 2001 (‘Regulations 2001’ for short) and that the petitioner Panchayat is not liable to pay any compensation or to construct retaining wall to the 3rd respondent as directed in Ext. P5.

2. Materials on record discloses that respondent No. 3 has submitted Ext.P1 application before the Kerala State Human Rights Commission and the same reads thus:

    APPLICATION SUBMITTED BEFORE THE HUMAN RIGHTS COMMISSION

From

Jayasree S.

Shyni Nivas,

Kodithookkiya Kunnu P.O.

Kallara

Sir,

I am residing at Shyni Nivas, K.T Kunnu, Kallara Village, Nedumangad Taluk, Thiruvananathapuram District. I am a widow and mother of two daughters. For a project of KWA in 1996, a road was constructed starting from my property. For surrendering my property for road construction, Kallara Panchayat told me to pay a decent amount. A

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