Querist :
Anonymous
(Querist) 26 September 2010
This query is : Resolved
1,do a munsif court have the power to grand a mandatory injunction for a suit filed by a private person ,to direct the thasildar to remove encroachments in a govt.kaalvai, by another private person
s.subramanian
(Expert) 26 September 2010
I beg to differ. A civil suit can be filed only by a person who has suffered any personal injury to himself by the illegal act of another. Such an injury alone will provide a cause of action for the civil suit. No public interest litigation can be entertained and tried by a civil court. It can be done only before the High Court and Supreme Court under ARt 226 and ARt 32 resapectively by way of a PIL.
Uma parameswaran
(Expert) 26 September 2010
If the private person is aggrieved by the act of Thahasildar and the encroachment is done against him, then he can approach the civil Court.
Devajyoti Barman
(Expert) 26 September 2010
I agree with Mr Subramanian.
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