K.N.KESHAVA PANICKER Vs. VIJAYAMMA MOHANAN

JUDGEMENT

(1.) Being aggrieved by the order dated 13.08.2019 made by the Kerala State Human Rights Commission in HRMP No.3697/11/ 7/2019/KTM, directing the Revenue Divisional Officer, Kottayam, 6th respondent, and Secretary, Thrickodithanam Grama Panchayath, 4th respondent, on the basis of the report submitted by the Village Officer, to resolve the grievance made in the complaint of the 1st respondent herein, instant writ petition is filed to quash the said order Ext.P4.

(2.) Writ petitioner has contended that he is in absolute possession and enjoyment of an extent of 25 Ares 60 Sq.Mtrs in ReSurvey Nos.577/6 and 577/8 in Block No.8 in Thrickodithanam Village in Changanacherry Taluk. One of the main grounds urged by the writ petitioner is that, the impugned order Ext.P4 has been passed without providing an opportunity of hearing. He was not given opportunity to submit objections to Ext.P3 report submitted by the Village Administrative Officer. Petitioner has further contended that the issue involved, relates to a pathway, which is essentially a civil dispute and, therefore, the Human Rights Commission has no jurisdiction to interfere in the said dispute and issue any direction to the 6th respondent, Revenue Divisional Officer, Kottayam and Secretary, Thrickodithanam Grama Panchayath.

(3.) Responding to the above and referring to Section 16 of the Protection of Human Rights Act, 1993, Mr. S. Subash Chand, learned Standing Counsel for the 2nd respondent, submitted that right of the 1st respondent to her property has been affected and hence, Human Rights Commission has jurisdiction to interfere. Referring to Ext.P4 order of the Human Rights Commission, learned Standing Counsel for the 2nd respondent further submitted that the Commission has not concluded the rights of the parties, but only directed the Revenue Divisional Officer and the Secretary, Thrickodithanam Grama Panchayath to take necessary action on the basis of the report of the Village Officer. He also submitted that it is always open to the writ petitioner to place all tenable grounds before the above authorities for any further grievance. For the above reasons, he prayed to sustain Ext.P4 order of the Human Rights Commission dated 13.8.2019.