Rajappan vs Revenue Divisional Officer And Ors

This writ petition has been filed praying for a writ of certiorari to quash Ext.P5 proceedings of the Kerala State Human Rights Commission. It is the

specific case of the petitioner that there are civil disputes between the petitioner and the 3rd respondent and a suit numbered as O.S.No.255 of 2013

was filed before the Hon'ble Munsiff Court, Pathanamthitta, where the 3rd respondent in this writ petition, who was also the complainant before the

Kerala State Human Rights Commission is the 3rd defendant. A copy of the plaint in O.S.No.255 of 2013 on the files of the Munsiff Court,

Pathanamthitta has been placed on record as Ext.P1. It is submitted that Ext.P2 is an injunction order issued by the Munsiff Court, Pathanamthitta on

I.A.No.903 of 2013 in O.S.No.255 of 2013. Though the learned counsel for the petitioner does not have instructions regarding the present state of the

suit, it is evident from Exts.P1 and P2 that there are civil disputes pending between the petitioner and the 3rd respondent.

The learned counsel for the petitioner submits that the issue is covered in his favour through a judgment of a Division Bench of this Court in

Mariyadas v. Revenue Divisional Officer [2020(1)KLT 254)], where the Division Bench after considering the provisions of the Protection of Human

Rights Act, 1993 and the provisions of the Kerala Human Rights Commission (Procedure) Regulations, 2001 came to the conclusion that matters

involving civil disputes cannot be adjudicated by the State Human Rights Commission.

In the light of the fact that the issue raised in the writ petition is squarely covered in favour of the petitioner by a judgment of a Division Bench of

this Court in Mariyadas (supra), this writ petition is allowed and Ext.P5 order of the Kerala State Human Rights Commission is quashed, also taking

note of the fact that the 3rd respondent had approached the State Human Rights Commission only after O.S.No.255 of 2013 had been filed.