K.Harikrishnan (Deceased), v. The Principal Secretary

ORDER

M.S.RAMESH, J. In the order of the State Human Rights Commission (hereinafter referred to as '(Commission') in SHRC No.3112 of 2012 dated 07.11.2019, recommendations were made to the Government to pay compensation of Rs.25,000/- to the complainant K.Harikrishnan, with a consequential direction to recover the same from the fourth respondent herein and also for initiation of disciplinary action against him. Pursuant to the order, the original complainant had given a representation dated 28.01.2020, for implementation of the said order. Alleging that no action has been taken on his representation, he has filed the present Writ Petition.

¶2Pending the Writ Petition, the complainant died and was substituted by his legal heirs.

¶3Heard the learned counsel for the petitioners and the learned counsels appearing for the respondents.

¶4It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

¶5Since that the original complainant had expired, it would be desirable to grant liberty to his legal heirs to make a fresh representation, and by consequentially directing to the Government to consider the same, the ends of justice could be secured.

¶6Accordingly, the petitioners herein are at liberty to make a fresh representation to the second respondent herein. On receipt of the same, the second respondent shall consider the petitioner's representation and pass appropriate orders on merits and in accordance with law, if not already complied with, within a period of four (4) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners, private respondent herein and any other person who may be interested in the subject matter.

¶7With the above direction, this Writ Petition stands disposed of. No costs. [M.S.R., J] [R.S.V., J]

21.11.2025 Index: Yes/No Speaking/Non-speaking order Anu To

1.The Principal Secretary, Government of Tamil Nadu,

2.The Additional Chief Secretary to Government, Government of Tamil nadu, Home Department, Secretariat, Chennai-600 009

3.The Special Secretary to Government, Public (HR) Department, W.P.No.13901oofo2020 Secretariat,oChennai-600o009 M.S.RAMESH,oJ. and R.SAKTHIVEL,oJ. Anu Pre-deliveryoorderoino W.P.No.13901oofo2020

21.11.2025

`IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON: 05.11.2025 PRONOUNCED ON: 21.11.2025 THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL K.Harikrishnan (deceased) 2.Mohanasundari 3.Mahalakshmi (P2 and P3 substituted as LRs of deceased sole petitioner vide order dated 08.09.2025 made in WMP.43125/2024 in WP.13901/2020) ... Petitioners Vs. 1.The Principal Secretary, Government of Tamil Nadu, 2.The Additional Chief Secretary to Government, Government of Tamil nadu, Home Department, Secretariat, Chennai-600 009 3.The Special Secretary to Government, Public (HR) Department, 4.R.Alagesan (Then) Inspector of Police, Sathangadu Police Station, Chennai City (At relevant point of time) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 28.01.2020 on the implementation order of State Human Rights Commission Case No.3112 of 201 dated 07.11.2019. For Petitioners : Mr.M.Ramiah For Respondents : Mr.G.Ameedius Government Advocate for R1 to R3