M.Venkatesan v. Tamil Nadu State Human Rights Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE N.DILIP KUMAR and WMP (MD) Nos.14582, 14585, 14588 of 2019 W.P(MD)No.18130 of 2019 M.Venkatesan ... Petitioner vs.

¶1Tamil Nadu State Human Rights Commission, Rep. by its Registrar, 143, P.S.Kumarasamy Salai, Greenways Road, Chennai.

¶2The Principal Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai-9.

¶3Devi

... Respondents W.P(MD)No.18133 of 2019 M.Venkatesan ... Petitioner vs.

¶1Tamil Nadu State Human Rights Commission, Rep. by its Registrar, 143, P.S.Kumarasamy Salai, Greenways Road, Chennai.

¶2The Principal Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai-9.

¶3Devi

... Respondents W.P(MD)No.18136 of 2019 M.Venkatesan ... Petitioner vs.

¶1Tamil Nadu State Human Rights Commission, Rep. by its Registrar, 143, P.S.Kumarasamy Salai, Greenways Road, Chennai.

¶2The Principal Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai-9.

¶3Peoples Watch No.6, Vallabai Road, Chokkikulam, Madurai – 625 002.

... Respondents COMMON 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 relating to the impugned order dated 18.07.2019 passed in SHRC Nos. 2837, 2922, 4098 of 2008 by the 1st respondent herein and quash the recommendation no.(iv) This Commission is also recommends to initiate disciplinary action against the Inspector Venkatesan, Thanjavur East Police Station, who was working in that police station during the relevant period as per Rules". For Petitioner : Mr.T.Antony Arulraj (in all WPs) For Respondents : Mr.Pozhilan (R1) for M/s.C.Arul Vadivel @ Sekar Associates Mr.M.Mahaboob Athiff, SGP (R2) Mr.Henri Tiphagne (R3) (in all WPs) COMMON ORDER (Order of the Court was made by M.DHANDAPANI, J.) Challenging the common order dated 18.07.2019 passed by the State Human Rights Commission in SHRC Nos. 2837, 2922, 4098 of 2008, the petitioner has filed these writ petitions.

¶2Since the issue involved in all the writ petitions is one and the same, they were heard together and are being disposed of by this common order.

¶3The learned counsel appearing for the petitioner would submit that the third respondent/complainant had lodged a complaint before the State Human Rights Commission against the then Inspector of Police, namely, Siva Baskar, Papanasam Police Station, Ganesamoorthy, Peravoorani Police Station and Bharanidharan, Sub-Inspectors of Police, Thiruppananthal Police Station. However, the petitioner was not arrayed as a party in the proceedings before the State Human Rights Commission. It is further submitted that, without impleading the petitioner as a party and without affording him an opportunity of hearing, the Commission made a recommendation for taking disciplinary action against the petitioner. Therefore, the impugned order, insofar as it relates to the petitioner, is not sustainable in law, as the same has been passed in violation of the principles of natural justice.

¶4The learned counsel appearing for the third respondent has no objection to quashing the impugned order insofar as the petitioner is concerned, since no opportunity was afforded to the petitioner before passing the said order.

¶5Accordingly, the order passed by the first respondent is liable to be set aside and is hereby set aside insofar as the petitioner is concerned. Accordingly, these writ petitions stand allowed. No costs. Consequently, the connected miscellaneous petitions are closed. [M.D.I.,J.] & [N.D.K.,J.]

17.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

¶1The Registrar, State Human Rights Commission, Tamilnadu, No.143, P.S.Kumarasamy Raja Salai, Greenways Road, Chennai-28.

¶2The Principal Secretary To Government, Home,Prohibition and Excise Department, Secretariat, Chennai-9.

¶3The Special Secretary To Government, Public (HR) Department, Secretariat, Chennai-9. W.P(MD)Nos.18130,e18133eande18136eofe2019 oM.DHANDAPANIoo,oJo. and N.DILIPoKUMAR,oJ. PKN W.P(MD)Nos.18130,o18133oando18136oofo2019

17.08.2026