Sir, I am seeking your valuable advice on my right to life under Art 21. I am a person affected by Meneires disease with vertigo tinnitus and intolerance to normal sounds from 2005 with medical certificates. I had approached the Kerala state human rights commission (KSHRC) for granting relief from various nuisances from my neighbour vide sending petitions dated 22-8-2012, 17-10-2012 and 22-3-2013. Based on my petition dated 22-8-2012, a notice was served by KSHRC to my neighbour-respondent in the last week of September 2012. On receipt of this notice he stopped all nuisances temporarily and on 1-10-2012 a police officer visited my house and taken my statement on his nuisances. Since there was no nuisance from him I had given a statement to this police officer that now after receipt of aforesaid notice he had stopped all nuisances and no need to proceed with this case. But he started his nuisances again on the same day evening (1-10-2012) after this visit of police officer. So I had send another petition dated 17-10-2012 to KSHRC stating the recurrence of nuisance. But he applied his another tactics by influencing the clerical staff of KSHRC and kept my petition dated 17-10-2012 in abeyance. Meanwhile he continued with all types of nuisances. I was not aware of his tactics and I was waiting for such a long time expecting a relief from KSHRC. Since I lost my patience, I had sent another petition dated 22-3-2013 to KSHRC and waited for relief. But again I did not get any relief from KSHRC upto last week of May 2013. Hence I have sent an RTI application with 13 queries on this matter on 28-5-2013 to PIO of KSHRC. On adopting RTI method, I was surprised to receive an order dated 7-6-2013 from Chairman, KSHRC on 13-6-2013 directing SI of Police to visit my site/house and see that this problem is solved at the earliest and file a report. But again I noticed that in this order, my petition dated 17-10-2012 was only mentioned. The Judge has not seen my petition dated 22-3-2013 while releasing the order dated 7-6-2013 because the concerned clerk might not have put up the same before this judge under the influence of my neighbour. Also in this order, both parties are directed to appear before KSHRC on 24-7-2013 at 11 AM. This clerk did not put up my two petitions together before the Judge fearing the exposure of his malafide act. The copy of this order was also served to my neighbour and now he has stopped all his nuisances. Here he is now adopting the same tactics as done by him on receipt of first notice by KSHRC stated above. After the visit of police officer again as per the order dated 7-6-2013, he may again continue with his nuisances. So how to stop the recurring of nuisances from him? Shall I obtain an undertaking from him to stop his nuisance for ever? Whether such an undertaking is valid or not? If he starts nuisance again, whether I need to send another petition again to KSHRC? If so, whether KSHRC will act on my recurring petitions? Today I received replies to all my aforesaid RTI queries. As per reply I am surprised to note that my petition dated 22-3-2013 sent by registered post with AD is not received by KSHRC. Since I did not get the AD card, I got the delivery certificate from India post for having delivered my petition dated 22-3-2013 after filing a web complaint. Here I wish to point out that my petition dated 22-3-2013 contains detailed statement of violations with colour photographs which will expose my neighbour’s inhumane acts. Hence I strongly believe that they/ staff of KSHRC has purposefully destroyed my petition for safeguarding my neighbours interest. In the RTI reply PIO has stated that in my case the respondent is a private party and hence the recommendations/orders of the KSHRC, if not complied with by respondent, the same cannot be enforced. Further the PIO is advising me to file civil/criminal case against my neighbour for a speedy remedy. Is it true ? Please advise me. The Nuisances are 1) noise from sounding car horn just in front of tuition centre, where a distance of 100 metres is coming under a silent zone as per noise rules 2000, nuisance of burning waste very near to my window, nuisance of endangering constructions (huge soak pit without approvals), raising height of my compound wall by nailing sheet metal on my compound wall for one metre height above Compound wall, nuisance of noise of speech from unauthorised tuition classes using loud speakers, nuisance of stagnating water very near to my kitchen causing dengi fever. Please advise me.
