Standing council of muncipal corporation
Querist :
Anonymous
(Querist) 30 August 2011
This query is : Resolved
Sir,
We filed a w.p in the high court against one of the flat owners who encroached into the common area, the high court gave a stay of construction which was not carried, hence we filed a contempt case against the flat owner and the muncipal corporation.
The flat owner applied for regularizastion which was rejected by the corporation. Meanwhile the flat owner took a interim injuction in the court of junior civil judge againstn the corporation, which was latter expunged.
When the contempt case came up for hearing the corporation in their counter affadavit said that it would demolish the unauthorized structure immedieatley. but before the corporation could act upon it the flat owner approached the Addl. chief judge and obtained a status qou in a c.m.a against the corporation.
After more than a year the Addl. chief judge dismissed the c.m.a and i.a. The standing counsel of the corporation took his own sweet time to report this to the corporation, by the time the corporation could issue a notice for demolition the flat owner went to the high court in a c.r.p and obtained an interim injuction.
The standing counsel even after a month has not given the corporation a copy of the c.r.p and c.r.p.m.p so that the corporation can file a counter.
As we are not party int the lower court our lawyers say that we cannot implead in the c.r.p.
Is there anyother way I can get impleaded in the c.r.p. other than first getting impleaded in the o.s. of the lower court.
Can we ask the high court to club our w.p and w.p.m.p along with the c.r.p.
Please advice.
R.Ramachandran
(Expert) 31 August 2011
Is there no lawyer handling your matter in the High Court?
Advocate. Arunagiri
(Expert) 31 August 2011
Yes you can file a petition for hearing of both the petitions.
Raj Kumar Makkad
(Expert) 31 August 2011
Best option is to file petition seeking hearing of your pending petitions at the earliest.
Querist :
Anonymous
(Querist) 31 August 2011
yes we do have a lawyer representing us in the high court.
But he suggests let the corporation deal with the c.r.p.
The contempt case is coming in the list but could not be reached as the judge who is sitting in the division bench sits only a part of the day in a week.
R.Ramachandran
(Expert) 31 August 2011
If that is what your lawyers's advice better go by it.
prabhakar singh
(Expert) 31 August 2011
One who is conducting would always have better advises due to his knowledge about fact from brief of the case.
Querist :
Anonymous
(Querist) 31 August 2011
The problem here is the standing counsel of the corporation who is not informing the corporation about the court orders in time so as the corporation could take action.
prabhakar singh
(Expert) 31 August 2011
Then each time you keep them inform specially about orders passed in your favor demanding some action on their part.
Querist :
Anonymous
(Querist) 31 August 2011
We have been informing the zonal commissioner, Deputy Commissioner, the concerned circle town planning officer, the section officer.
Their reply is that they should get the information from their standing counsel. Only if a written letter about the case status is given by the standing counsel they could act upon it.
Recently we met the commissioner and the Addl. commissioner and told them about our greviance..
girish shringi
(Expert) 01 September 2011
Once if you are in the court you need not to worry about justice.
However it will take its own time.
Querist :
Anonymous
(Querist) 01 September 2011
Yes sir, I have been doing it, but the corporation insists upon an official letter from their standing counsel which is always being delayed.
girish shringi
(Expert) 02 September 2011
How can?
You can reply to the counsel in writing that the matter is sub judice,hence not necessary to reply the query or the letter.
girish shringi
(Expert) 02 September 2011
How can?
You can reply to the counsel in writing that the matter is sub judice,hence not necessary to reply the query or the letter.
Querist :
Anonymous
(Querist) 02 September 2011
Yes, each time we are approaching the concerned authorities of the corporation. But there is no action.
The high court judge in the open court told " that he suspects the corporation and the party have colluded together."
