2025:MHC:2640 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON: 04.11.2025 PRONOUNCED ON: 21.11.2025 THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL W.P.No.33454 of 2022 a nd WMP.No s . 3 2893 & 3 2894 of 2022

1.K.Madeswaran, M/A 55 years, S/o.M.Kaliappan, Inspector of Police, K-3 Aminjikarai Police Station, Chennai

2.M.Jainul Arabu, F/A 32 years, W/o. M.Mohammed Farook, Sub-Inspector of Police, K-10 Koyambedu Police Station, Chennai ... Petitioner Vs.

1.The Registrar, State Human Rights Commission, Tamil Nadu “Thiruvarangam”, No.143, P.S.Kumarasamy Raja Salai, (Greenways Road), Chennai-600 028

2.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009

3.P.Premsingh, S/o.V.Palvelladurai, Plot No.2 Lakshmi Ammal Street, Ayyavoo Colony, Aminjikarai, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order in SHRC No.2235 of 2020 dated

22.08.2022 on the file of the 1st respondent and quash the same as illegal.

For Petitioners : Mr.S.Shanmugavelayutham Senior Counsel for Ms.S.Thanika For Respondents : Mr.N.Subramanian, Standing counsel for R1 Mr.R.Kumaravel, Additional Government Pleader for R2 Mr.D.Murthy for R3

ORDER

M.S.RAMESH, J.

The order of the State Human Rights Commission (SHRC), hereinafter referred to as 'Commission' in Case No.2235 of 2020 dated 22.08.2022, recommending the Government to pay a compensation of Rs.50,000/- to the complainant and consequentially, recover the same from the petitioners herein, as well as the recommendation for initiating disciplinary proceedings against the petitioners, is put under challenge before us.

2. The grievance of the third respondent / complainant before the Commission was with regard to a property dispute, alleging encroachment and trespass of his land by third parties over his land. The complainant appears to have also filed a Writ Petition before this Court in W.P.No.4116 of 2012 against the Metro Water Authorities and had obtained an order of interim stay. In this background, when the complainant's wife had given a complaint on 13.12.2019 to the Police / petitioners herein, no action was taken against her complaint. On the other hand, based on a complaint against the third respondent / complainant, the Police had arrested the complainant and remanded him to judicial custody on 22.01.2020. The inaction on the part of the petitioners, in failing to register the complaint and take action on the same, has been projected as violation of human rights of the complainant.

3. The Commission, in Paragraph 13 of the impugned order, had recorded the main allegation of the complainant that, though his wife Sathiyapriya lodged a complaint to the petitioners on 13.12.2019 against one Moorthy, no action was taken by them. It was further recorded that another complaint to the Deputy Commissioner of Police on 14.12.2019, was also not acted upon. The complainant also had filed a petition under Section 156(3) of Criminal Procedure Code for registration of the complaint, in which, the concerned Court had directed for registration of a criminal case against the SHO / petitioners herein for the offence under Section 166 A of Indian Penal Code for non- compliance of Section 154 of Criminal Procedure Code.

4. In consideration of all these aspects, the Commission had come to the conclusion that the petitioners had failed to register a case against the persons named in the complaint and their inaction against the culprits. It is in this background that the Commission had come to the conclusion that the petitioners herein had failed to follow the procedures laid down in law, in registering the complainant and had thereby violated human rights of the complainant, as well as the guidelines of NHRC and SHRC and the judgment of the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bih