Petitioner challenges Ext.P4 notice issued by the Kerala Human Rights Commission. According to the petitioner, based on Ext.P3 complaint, Human Rights Commission cannot take action against the petitioner as Human Rights Commission has no jurisdiction to decide the dispute regarding right of way referred in Ext.P3. Petitioner submits that there was a proceeding under Sec.133 of the Criminal Procedure Code and that was allowed. Thereafter petitioner filed revision and in exercise of revisional power, order passed under Sec.133 was set aside by the Additional Sessions Judge.
2. I am of the view, petitioner shall place all the materials before the Human Rights Commission. The Human Rights Commission can decide whether it has jurisdiction or not based on the materials placed by the petitioner. This Court cannot prohibit Human Rights Commission from taking any decision as the Commission itself has jurisdiction to decide whether it has jurisdiction or not.
W.P(C).No.33946 of 2014P 2
3. In view of the above, declining to interfere with Ext.P4 notice, petitioner shall appear before the Human Rights Commission and shall place all the materials before the Commission. I am sure Human Rights Commission will take a decision whether the complaint is maintainable or not.
The Writ Petition is disposed of. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/17/12/14