High Court Kerala High Court

Sasidharan Unnithan vs The Kerala State Human Rights … on 1 December, 2008

Kerala High Court
Sasidharan Unnithan vs The Kerala State Human Rights … on 1 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28753 of 2008(W)


1. SASIDHARAN UNNITHAN, AGED 46 YEARS,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE HUMAN RIGHTS COMMISSION
                       ...       Respondent

2. P.N.SETHUNATH, SUB INSPECTOR, OF

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :01/12/2008

 O R D E R
                        V.GIRI, J
                      -------------------
                  W.P.(C).28753/2008
                      --------------------
       Dated this the 1st day of December, 2008

                      JUDGMENT

Petitioner challenges Ext.P7 order passed by the

Kerala State Human Rights Commissioner as early as

on 13.5.2002. By the said order, Human Rights

Commission noting that the petitioner was not present

before the Commission, had dismissed his complaint

for default. I had requested the learned counsel for the

petitioner to get instructions as to why there was such

extensive delay on the part of the petitioner, in

approaching this Court, challenging Ext.P7 which was

passed on 13.5.2002.

2. An additional affidavit has been filed by the

petitioner explaining the reasons which allegedly

contributed to the delay, on 17.11.2008. I have gone

through the said affidavit and in paragraph 5 thereof,

petitioner aged 46, submits that if his memory is

correct, he has personally gone and enquired about

the follow up of his complaint in the office of the

Commission in the year 2003 and that he was directed

W.P.(C).28753/2008
2

to contact over telephone to ascertain the position of his

complaint and he used to contact at least once in a

month. It seems that the petitioner continued to do so

for more than four years. He is seen to have filed

Ext.P11 complaint on 1.6.2007.

3. I am unable to accept the reason put forward by

the petitioner, attempting to explain the gross delay in

having approached this Court challenging Ext.P7 order.

Remedy of the petitioner should have been to first

approach the Commission pointing out the reasons for

his absence on 13.5.2002. That is also not seen to have

been done within a reasonable time. There is

unexplained delay and lapse on the part of the petitioner.

I do not think this is a fit case to invoke the extraordinary

jurisdiction of this Court under Article 226 of the

Constitution of India. Writ petition is hence dismissed.

V.GIRI,
Judge

mrcs