M.K.Mohanan vs The Union Of India on 12 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4047 of 2004(F)


1. M.K.MOHANAN, SECRETARY, DISCHARGED
                      ...  Petitioner

                        Vs



1. THE UNION OF INDIA,
                       ...       Respondent

2. NATIONAL HUMAN RIGHTS COMMISSION,

                For Petitioner  :SRI.M.A.NISSAR

                For Respondent  :SRI.DINESH R.SHENOY, ADDL.CGSC

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :12/07/2007

 O R D E R
                             KURIAN JOSEPH, J.

                  ---------------------------------------

                     W.P. (C). NO.  4047 OF 2004

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               Dated this the 12th day of July, 2007.


                               J U D G M E N T

Challenge is on Exhibit P3 order passed by the second

respondent-National Human Rights Commission. Commission, as

per the impugned order, rejected the complaint holding that the

same does not require intervention of the Commission. It is seen

that the petitioner had approached this Court earlier leading to

judgment dated 29.01.2002 in W.A. No. 3338/2001. It has been

held by this Court that damages is an issue to be worked out

independently.

2. The remedy open to the petitioner is to approach the

Civil Court and not the Human Rights commission as it does not

have jurisdiction to entertain the same. Without prejudice to the

liberty to the petitioner to approach the Civil Court, this writ

petition is dismissed.

KURIAN JOSEPH, JUDGE.

smp