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Civil cases

(Querist) 23 June 2011 This query is : Resolved 
I have decided to file a civil suit against CMDA for not making a park in open space reserved area that was transfered to it for the purpose by us by a registered document.Where to file in High Court Madras and what will be the court fee?
Can any member advise me please.
Advocate. Arunagiri (Expert) 23 June 2011
You try a writ petition on CMDA. If you are going to appear party in person, the CF will be Rs.200+.
Thyagarajan (Querist) 23 June 2011
Dear Arunagiri,
Thanks for your reply.
Do you mean the CF will be RS Two hundred and odd?
1.Is there a seperate counter for filing writ petition.?
2. how many copy of complaint to be filed?
3. if i have to include corporation also as second party , can i do so.?
4. me being the affected party can i file a writ petition?

please find time to reply
Thyagarajan (Querist) 23 June 2011
Dear Arunagiri,
Please also advise the type of writ petition to be filed
Regards
RT
Guest (Expert) 23 June 2011
writ petition can be filed by any person.You can also file it.For getting best advise just visit high court and meet some lawyer who can further guide you in this matter.
Kirti Kar Tripathi (Expert) 23 June 2011
in the present case appropriate remedy is filing of writ of mandamus.
Thyagarajan (Querist) 23 June 2011
Dear Kirthikar Thripathy,
I have drafted a petition of writ of mandamus for filing and am attaching.pls go through and see format is ok as this is first time i am filing a writ
Devajyoti Barman (Expert) 24 June 2011
Mr Thyagarajan unfortunately what you have drafted in anything but a writ petition.

You better take help of a professional.
Advocate. Arunagiri (Expert) 24 June 2011
Dear MR.Thiagarajan,

In your draft, You have given the facts. It is not in the format. You need a professional assistance in drafting.

1.Is there a seperate counter for filing writ petition.?
Yes there is a separate Writ filing section is there.

2. how many copy of complaint to be filed?
It depends upon the number of respondents.

3. if i have to include corporation also as second party , can i do so.?
Yes you can do.

4. me being the affected party can i file a writ petition?
Yes you can. ONly for PIL affected parties should not file.
Thyagarajan (Querist) 24 June 2011
Dear Barman/Arunagiri,
I will take a proffessional's help in drafting.
However to make things easy if you can send a copy of any of yr writ petitions filed pls do. Let me know an expert's mind than an ordinary lawyer.
Pls do find time to reply
Regards
RT
Thyagarajan (Querist) 26 June 2011
Dear Members,
Yesterday I searched in Google for a formate for filing a writ petition against CMDA/Corporation of Chennai,found one, made the petition with proof documents and all was set for filing on monday 27th.

Yesterday ,in the last post for the day, I found a letter addressed to me by CMDA/Corporation. In the contents of the letter, to my utter disbelief , CMDA/Corporation conceded to create the park in conformatory to all terms and condition laid by me.Possibly CMDA/Corporation had felt I have a strong case and it was better to conceed than fight a loosing battle.
I thank all the members who were in contact with me in trying time yesterday.


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