Back
2026 Supreme(Online)(Mad) 86476
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. Dhandapani, N. Dilip Kumar, JJ
Arun – Appellant
Versus
Secretary to the Government of Tamil Nadu, Home Department – Respondent
W.P(MD)Nos.19752, 25574, 26401 and 28801 of 2022
For the Appellants/Petitioners: R. Murugan, G. Thalaimutharasu, J. Anandkumar
For the Respondents: M. Mahaboob Athiff, F. Deepak, G. Mohan Kumar
Action taken by public officials in the discharge of their statutory duties to prevent unauthorized entry into a protected forest area does not constitute a violation of human rights, provided there is no established intention to violate such rights.
Headnote:(A) Human Rights - Violation - Action of public officials in discharge of statutory duty - Preventing unauthorized entry into a reserve forest area after prohibited hours does not constitute a violation of human rights when officials are acting in their official capacity to protect the forest area. (Para 18)
(B) Compensation - State Human Rights Commission - Order for compensation is not sustainable where officials acted vigilantly to prevent unauthorized entry and there is no evidence of intention to violate human rights. (Para 18, 19)
Issues: Whether the action of Forest Officials in preventing unauthorized entry into a reserve forest and the subsequent detention of the complainant amounted to a violation of human rights.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records of the impugned order passed by the 2nd respondent herein in his proceedings in SHRCCase No.880/2019 dated 20.07.2022 and quash the same.
For Petitioner : Mr. R. Murugan
For Respondents : Mr.M.Mahaboob Athiff (R1)
Special Government Pleader : Mr.F.Deepak (R2): No appearance for R3
W.P(MD)Nos.25574 of 2022
T.Kalaiarasan ... Petitioner
vs.
1. The State of Tamil Nadu, Rep by its Secretary, Home Department,
Secretariat, Chennai-600 009.
2. The Additional Chief Secretary, Environment, Climate Change and Forest Department,
Secretariat, Chennai-600 009.
3. The State Human Rights Commi, Ssion of Tamil Nadu,
Rep by its Registrar (Law), No. 143, P.S.Kumarasamy Raja Salai,
Chennai-600 028.
4. Tyson @ Pani Tyson Raja ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records on the file of the 3rd respondent in connection with the impugned order of compensation passed by him vide his proceedings in SHRC Case No. 880/2019 dated 20.07.2022 and consequential impugned order of recovery passed by the 2nd respondent vide his proceedings in G.O.(D) No.216 Environment, Climate Change and Forest (FR-I)Department dated 19.09.2022 and quash the both as illegal and arbitrary.
For Petitioner : Mr. G.Thalaimutharasu
For Respondents : Mr.G.Mohan Kumar (R1 & R2)
Additional Government Pleader : Mr.F.Deepak (R3): No appearance for R4
W.P(MD)Nos.26401 of 2022
Shanavaskhan ... Petitioner
vs.
1. The Additional Chief Secretary, Environment, Climate Change and Forest Department,
Secretariat, Chennai-600 009.
2. The State Human Rights Commission of Tamil Nadu, Rep by its Registrar (Law),
No. 143, P.S.Kumarasamy Raja Salai, Chennai-600 028.
3. Tyson @ Pani Tyson Raja ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the order of the 2nd respondent in SHRC case No. 880 of 2019 dated 20.07.2022 and the Government of Tamil Nadu issued a G.O.No. 216/ECCF (FR-1)Department dated 19.09.2022 of the 1st respondent and quash the same.
For Petitioner : Mr.J. Anandkumar
For Respondents : Mr.G.Mohan Kumar (R1 & R2)
Additional Government Pleader : Mr.F.Deepak (R3): No appearance for R4
W.P(MD)Nos.28801 of 2022
T.Silvester ... Petitioner
vs.
1. The State of Tamil Nadu, Rep by its Secretary, Home Department,
Secretariat, Chennai-600 009.
2. The State Human Rights Commission Tamil Nadu, Thiruvarangam,
No.143, P.S. Kumarasamy Raja Salai, Chennai - 28.
3. Tyson @ Pani Tyson Raja ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the order of the 2nd respondent in SHRC case No. 880 of 2019 dated 20.07.2022 and the Government of Tamil Nadu issued a G.O.No. 216/ECCF (FR-1)Department dated 19.09.2022 of the 1st respondent and quash the same.
For Petitioner : Mr.R.Murugan
For Respondents : Mr.G.Mohan Kumar (R1)
Additional Government Pleader : Mr.F.Deepak (R2): No appearance for R4
COMMON ORDER
(Order of the Court was made by M.DHANDAPANI, J.)
Aggrieved by the common order dated 20.07.2022 passed by the State Human Rights Commission, these writ petitions have been filed.
The petitioners are Forest Officials working in different cadres of the Forest Department. They were proceeded against before the State Human Rights Commission on the allegation that they had violated the human rights of the complainant. The State Human Rights Commission, upon adjudication, directed payment of compensation. Challenging the said order passed by the State Human Rights Commission, the present writ petitions have been filed.
Since the challenge in all these writ petitions arises out of the common order passed by the State Human Rights Commission, they
