2025:MHC:2968

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDER RESERVED ON : 10/ 12 / 2025

ORDER PRONOUNCED ON : 18 / 12 / 2025

CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH

AND

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

W.P.NO.685 OF 2020

AND

W.M.P.NO.818 OF 2020

Thiru.Vijayapandian,

Sub Inspector of Police,

E-3, Teynampet Police Station,Chennai

Now he presently working as

Sub Inspector of Police,

Ammainaickanur Police Station,

Dindigul District. ... Petitioner

Vs.

1.The Tamilnadu State Human Rights Commission,

Represented by its Registrar,

143, P.S.Kumarasamy Raja Salai,

Greenways Road, Adayar, Chennai – 600 028.

2.Thiru.J.Rameshkumar,

504/167, Shree Ganesh Flats,

TTK Road, Alwarpet,

Chennai – 600 018. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India, 1950, praying to issue a Writ of Certiorari calling for the records of the impugned Order of the State Human Rights Commission/1^st Respondent vide S.H.R.C.No.7299 of 2016 dated October 12, 2018 and quash the same.

For Petitioner : Ms.L.Meenakshi for Mr.M.Dinesh For Respondent-1 : Mr.G.Anbumani For Respondent-2 : Mr.M.Kempraj

ORDER

Feeling aggrieved by the Order dated October 12, 2018 passed by the 'Tamil Nadu State Human Rights Commission' ['S.H.R.C.' for short] in S.H.R.C. Case No.7299 of 2016, the respondent therein has preferred this instant writ petition.

2. The second respondent - Ramesh Kumar is the complainant before the S.H.R.C. The complainant is residing in Block A, No.504/167 of Shree Ganesh Flats, TTK Road, Alwarpet, Chennai. According to the complainant, there are five major blocks comprising of 30 flats in the compound with seperate water connection and water collection sump for each flats. In 2013, a new occupant - Geetha moved into a second floor flat and started troubling the complainant. As Geetha's water connection was disconnected by the 'Chennai Metropolitan Water Supply And Sewerage Board' ['CMWSSB'], without the knowledge of the complainant, she began to draw water from the complainant's water connection line. Therefore, the complainant filed a complaint on June 17, 2013 with Teynampet Police Station and a CSR was issued by the police. Eventually, the disputes were sorted out in the police station. Fifteen days thereafter, once again, the said Geetha intercepted the complainant's water connection. When questioned, the said Geetha filed a complaint against the complainant and his son. The writ petitioner / Sub-Inspector of Police called the complainant for enquiry. The complainant appeared and narrated the earlier dispute by showing the CSR copy. Inspite of the same, the writ petitioner threatened the complainant and treated him like a hardcore criminal and forced him to sit along with other criminals in the floor, wearing only his under garment. Further, the writ petitioner snatched away the complainant's mobile phone and verbally abused the complainant with unparliamentary words. Further, the writ petitioner threatened of filing FIR against the complainant and remanding him immediately. The acts of the writ petitioner are in violation of the complainant's Human Rights. The complainant preferred a complaint before the Commissioner of Police and as per their advice, the complainant and the said Geetha mutually resolved the dispute between them. However, in view of the ill-treatment and the Human Rights violation caused by the writ petitioner, the complainant filed a complaint before the S.H.R.C.

3. The writ petitioner / respondent before S.H.R.C. filed a counter stating that the complainant was caught red-handed by CMWSSB for his mala fide act of intercepting water connection. The aggrieved party - Geetha filed a complaint on April 29, 2016. On enquiry, it was found that the complainant and his son deliberately blocked the metro water connection to the said Geetha's flat. Therefore, the act of the complaint shall be subjected to penal action according to law. Further, the complainant offered him bribe to abstain from taking action against him and h