Is it possible to file mp(md) and get interim or stay or injunction order?

Maria Joseph (Querist) 12 September 2015 This query is : Resolved
Sirs, I have filed a Writ petition in Madurai high court regarding to remove the encroachment in front of my shop building/public pathway.Total Respondents=13(7 government officials & 6 encroachers).
Prayer: To direct the 7 government respondents to remove the encroachment made by 6 encroachers in front of my building shops/public pathway.

Almost 55 days gone.still the case is pending.No vakalat or no counter filed by any respondents.
Very important:
Now the 6 encroachers are trying to put steel shed,bannar sheds and also trying to put petty shops in front of my building shops/pubic pathway.Thereby that 6 encroachers are making inconvenience to my shop sales and buyers are unable to come and purchase from my shops.
FYKI,I am paying my municipality taxes,professional taxes regularly and having license for my shops.

Now my doubt is whether i can file a MP(MD) petition stating to give interim order or stay or injuction for the above said matter.
I feel very helpful if you sirs help me and suggest me in this regards.Please suggest me a suitable prayer for filing this MP(MD) petition.
Thank you

Follow Query

Report Abuse

P. Venu (Expert) 13 September 2015
You can file a MP seeking interim reliefs.

Rajendra K Goyal (Expert) 13 September 2015
Prey the court for interim relief, consult your lawyer.

Guest (Expert) 13 September 2015
Yes and Well Advised by Expert Mr.P.Venu.You Could also Submit Photographs of the Same and Discuss with your Advocate to Seek the Possiblities of Court appointing an Advocate Commissioner to Submit Real Status Report.Consult your Advocate.

Maria Joseph (Querist) 13 September 2015
Thank you sirs,i will consult with my lawyer what you all said.If there is any shortcut ideas also please let me know.Thank you so much.

Rudrawar Narayanreddy (Expert) 13 September 2015
when a case is filed for mandatory injunction then no interim relief such as removal can be given as it amounts giving the main relief itself.
So better pursue the wp itself

Maria Joseph (Querist) 14 September 2015
Sir the prayer on my filed writ petition was to direct the 7 respondents to remove the encroachment.my lawyer doesn't submitted any mp file and doesn't prayed for any injunction or stay.he prayed for direction only.but still the case is pending.now the 6 encroahers are not making way to enter into my shop by putting their petty shop in front of my building shutter shop/ pubic pathway.there is no way for me and they are causing inconvenience for me and for my shop.pls suggest me whether I can interim relief or not?

Biswanath Roy (Expert) 16 September 2015
Writ of Mandamus needs to prove that your legal, fundamental and constitutional right has been infringed/encroached upon and interfered with by the Respondents and thereby causing injury and no other law can give you adequate relief. TO obtain relief under Article 226 of the Constitution of India 'INJURY' is the main criteria. Prima facie to prove injury evidence is to be adduced before the court such as photographs took up by commercial photographer with his seal and sign and mentioning date and time therein. Have you submitted such kind of photographs along with your writ petition to prove injury? If you did not adduced prima facie evidence along with your writ petition then how you will prove further encroachment before your shop by the encroacher as alleged?

T. Kalaiselvan, Advocate (Expert) 20 September 2015
Well advised by experts, nothing more to add.

Is it possible to file mp(md) and get interim or stay or injunction order?

Similar Resolved Queries :

Download LCI APP

Our Network Sites