Kerala High Court
Nesamani vs Kerala State Human Right Commission ... on 25 July, 2025
2025:KER:57730
W. P. (C) No. 24464 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 24464 OF 2025
PETITIONER:
NESAMANI
AGED 71 YEARS, S/O. MARIYA MICHAEL NADAR, N.R.
BHAVAN, VLATHIKUZHI, KULATHOOR VILLAGE,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695583
BY ADVS.
SRI.G.SUDHEER
SRI.R.HARIKRISHNAN (H-308)
RESPONDENTS:
1 KERALA STATE HUMAN RIGHT COMMISSION REPRESENTED BY
ITS REGISTRAR, TURBO PLUS TOWER, PMG ROAD,
THIRUVANANTHAPURAM, PIN - 695033
2 EXECUTIVE ENGINEER, KERALA WATER AUTHORITY
VISWABHARATHY ROAD, ALUMMOODU,
NEYYATTINKARA, PIN - 695121
3 ASSISTANT EXECUTIVE ENGINEER
KERALA WATER AUTHORITY, VISHHWABHARATHY ROAD,
ALUMOODU, NEYYATTINKARA, PIN - 695121
4 SOUMYA
SECTION OFFICER, SANJEEVINI HOSPITAL AND CANCER
CARE, KULATHOOR, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM, PIN - 695583
2025:KER:57730
W. P. (C) No. 24464 of 2025
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BY ADVS.
SHRI.K.N.ABHILASH
SRI.JUSTINE JACOB
SRI.P.SANJAY
SHRI.SUNIL NAIR PALAKKAT
SHRI.RISHI VARMA T.R.
SHRI.RITHIK S.ANAND
SHRI.SREEJITH A.
SMT.TEENA M. ASHOK
SMT.A.PARVATHI MENON
SRI.BIJU MEENATTOOR
SRI.PAUL VARGHESE (PALLATH)
SRI.KIRAN NARAYANAN
SHRI.RAHUL RAJ P.
SHRI.MUHAMMED BILAL.V.A
SMT.MEERA R. MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W. P. (C) No. 24464 of 2025
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JUDGMENT
Dated this the 25th day of July, 2025 Nitin Jamdar, C. J.
Heard Mr. R. Harikrishnan, learned counsel for the Petitioner, Mr. K. N. Abhilash, learned counsel for Respondent No. 1, Mr. Justin Jacob, learned Standing Counsel for Respondent Nos. 2 and 3 and Mr. P. Sanjay, learned counsel for Respondent No. 4.
2. The Petitioner has filed the writ petition challenging the order passed by the Kerala State Human Rights Commission on 9 June 2025 on the complaint of Respondent No. 4. The primary ground of challenge was that the order was passed without hearing and making the Petitioner a party and without disclosing the civil disputes. On 3 July 2025, recording this contention, notice was issued to Respondent No. 4, and in the meanwhile, the action proposed to be taken by the Authority pursuant to the order of the Commission was deferred till the next date of posting.
3. Respondent No. 4 entered appearance and filed a counter affidavit wherein a copy of the complaint is annexed, which shows that the Petitioner is made a Party Respondent. That being the position, the statement made by the Petitioner that he was not made a party is not correct. Even otherwise, learned counsel for Respondent No. 4 points out that there is no final order passed by the Commission except directing the proper authority to submit an inspection report and therefore, at this stage, the petition ought not to have been filed.
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4. Learned counsel for the parties informed that after the notice was issued, the Commission has disposed of the main proceedings by closing the complaint. According to Respondent No. 4, the closure is not correct and appropriate steps are being taken in respect of the order of closure.
5. Be that as it may, we dispose of the writ petition clarifying that the observations made in the interim order were only recording the submission of the Petitioner and deferment of the measures directed to be taken as Respondent No. 4 was not represented at that time and the court had not considered the merits of the contentions. Therefore, if Respondent No. 4 proceeds with any steps regarding the final order passed by the Commission, the same will be considered on its own merits.
6. The writ petition is disposed of in the above terms.
Sd/-
NITIN JAMDAR CHIEF JUSTICE Sd/-
BASANT BALAJI JUDGE Eb 2025:KER:57730 W. P. (C) No. 24464 of 2025 -5- APPENDIX OF WP(C) 24464/2025 PETITIONER EXHIBITS Exhibit P1 THE ORDER DATED 24.07.2023 IN I.A. NO. 01 OF 2023 IN OS NO. 763 OF 2023 BEFORE THE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA Exhibit P2 COPY OF THE ORDER IN I.A. NO. 5 OF 2023 IN O.S. NO. 763/2023 OF MUNSIFF'S COURT, NEYYATTINKARA DATED 24.01.2025 Exhibit P3 THE COPY OF THE ORDER DATED 20.02.2025 IN IA NO. 01 OF 2025 IN CMA NO. 7 OF 2025 BEFORE THE SUB COURT, NEYYATINKARA Exhibit P4 COPY OF THE ORDER DATED 9.6.2025 IN HRMP2023/11/12/2025/TVPM OF THE 1ST RESPONDENT (ALONG WITH THE TYPED COPY OF THE EXHIBIT) RESPONDENT EXHIBITS Exhibit R4(a) True copy of the interim order dated 05.12.2023 in W.P(C) No.39954/2023 Exhibit R4(b) True copy of the complaint before police dated 24.03.2025 Exhibit R4(c) True copies of photographs of petitioner recording through the window dated nill Exhibit R4(d) True copy of the written complaint dated 31.03.2025 before the SHO, Pozhiyoor Exhibit R4(e) True copy of the complaint dated 15.05.2025 before the SHO, Pozhiyoor Exhibit R4(f) True copy of the complaint dated 06.06.2025 before SHO Neyyattinkara Exhibit R4(g) True copy of the complaint dated 03.03.2025 before the Human Rights Commission Exhibit R4(h) True copy of the objection dated 09.06.2025 Exhibit R4(i) True copy of the interim order dated 01.07.2025 in W.P.(C) 23692/2025 Exhibit R4(k) True copy of the interim order dated 06.05.2025 in Revision Petition No.81/2024 by the LSG Tribunal Exhibit R4(l) True copy of the common order dated 08.07.2025 in I.A. No.24/2025 and I.A. 29 of 2025 in O.S 763/ 2023 passed by the Munsiff court, Neyyatinkara 2025:KER:57730 W. P. (C) No. 24464 of 2025 -6- Exhibit R4(j) True copy of the Revision No.81/2024 before the Hon'ble Tribunal for Local Self Government Institutions dated 07.11.2024