• Human rights order not properly excuted by the District magistrate

Kaanoon was so helpful for me to go through the case with kaanon advocates help i filed a case in high court. thank you kaanoon.
Our land was acquitted by the highways authorities without any notice for which we got interim orders from madurai high court. With that order we fenced our land on 2018 June. The district collectrate officials with highways authorities removed our fence forcibly and threatened and abused us. We had filed contempt petition in the same court for which summon issued to all respondents. I also filed a complaint to human rights commission elaborating the same incidence.
 This the reply i got.........
The complainant Gopal Krishnan vide complaint dated 30 March 2018 sought intervention of the Commission for alleged abuse of power by Tamil Nadu State Highways and direct them to compensate the complainant for damage of property.

Having considered the complaint, the Commission, vide its Proceedings of 18 April 2018 disposed of the case with the following observation:

“These complaints be transmitted to the concerned authority for such action as deemed appropriate. The authority concerned is directed to take appropriate action within 8 weeks and to inform the complainant of the action taken in the matter.”

Now, the Complainant has sent another petition dated 19 Sep 2018 for review of the Proceedings dated 18 April 2018.

Since there is no provision for review of the Proceedings, the petition is dismissed and the case is closed. this the reply i got but till now we did t get any relief with this order or any action taken letter form the concerned authorities 
how to proceed next sir/madam?
Asked 5 years ago in Civil Law

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12 Answers

IF you are informed to which concerned authority your complaint has been sent, Apply for progress/action taken report under RTI. IF action is unsatisfied or no action taken, file another petition in HRC enclosing progress/action taken report.

Human Rights Commission orders not merely recommendatory; State duty bound to comply it


Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

You can go for writ petition before high court

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

if within 8 weeks no action has been taken file RTI application with the authorities as to what action has been taken as per commission order and to inform you of same 

 

2) you can take out contempt of court proceedings in HC for failure to comply with commission order 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Pursue your contempt petition in the High Court and file an additional affidavit elaborating the incident happened on and after the date on which you fenced in compliance of the order of the HC and removal of the fence by the defendants with an application of early hearing in the matter.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

What was the review petition about?

If the authorities concerned have not taken any action on the basis of the orders of the commission then you should have approached the commission with a fresh complaint stating that the authorities have violated the orders hence there's a fresh cause of action.

Actually the commission has dismissed your review petition.

Hence you may not be able to execute its previous orders.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

Dear 

First of all you should collect the copy of action taken against the Tamil Nadu state highway authority and what was the compensation ordered by commission.

Then with the copy of these report and action taken against Authority file a writ petition for contempt of court in High court against DM

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

you cna take up matter with human rights commission that no action has been taken as per its directions 

 

2) file RTI with Public information officer supdt of police of district 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Besides pursuing your writ , you can write to HRC or DM or CP , they are on their separate departmental sites.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

you can approach before NHRC or Complaint may be made to the Commission by the victim online. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can approach human rights too.  You can approach the magistrate court through online rti application as well as manual to Public information officer to the said court

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Both come under the home ministry.

Swaminathan Neelakantan
Advocate, Coimbatore
2796 Answers
20 Consultations

4.9 on 5.0

If you want to retrieve any document from police department then you may have to address the same to the concerned superintendent of police and from judicial department to the district and sessions judge of that district, through RTI act. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

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