14 April 2019
Based on my representation, district collector passed an order to conduct survey on said govt lands ( highways land on either side of road) but thasildhar failed to implement it. then I filed a WP (mandamous) seeking direction the concerned thasildhar to conduct survey and evict encroachments on govt land. I havent impleaded any private parties (encroachers) in this WP. recently, high court of madras ( double bench ) allowed my WP and issued direction as prayed. my questions are as below:
1. Which is the appeal court if at all respondents go for appeal or stay
2. Is there a chance that the silent private encroachers , though i havent impleaded them, upon learning the said direction for survey, could these encroachers file for "interim stay /stay" to stop the survey itself stating that they are the affected parties living on the highway lands?.. if so, in which court they can file for stay...i.e taluk court/subcourt/district civil court or same high court?
3. If the answer is "yes" to the question no:2, please tell me ..should i file a caveat at the concerned court just after getting copy of orders of high court in the interest of public to conduct the survey..
4. what is the limitation period for filing caveat
5. what is the limitation period for filing contempt in case the public authorities again fail to implment the direction of high court...( pls note that high court hasnot fixed time frame to do survey in its order)
your responses will be useful for me to ready with fundas and to choose an advocate accordingly..
21 April 2019
Dear Mr Issac Gabriel sir, Court has not given fixed time frame in its order...it just directed thasildhar to take action on the representation of the petitioner pending with him...in such case ... can we file contempt after a month of date of order copy received ..say giving one month time thereafter too if the thasildhar disobeys court direction ...any limitations period for filing contempt petition Pls clarify