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raja (owner)     02 November 2015

Encroachment

Dear experts, I need a complete guidance regarding to remove encroachment in front of my house.

  1. Municipal commissioner issued notice to encroachers Mr. Raja ( name changed) on 20.07.2000 as per tamilnadu district municipal act u/s 182 & 313.
  2. Raja filled a suit at palani sub court also requested for IA in the above suit.
  3. In above IA, was dismissed after appointing commission by court due to no merits in favour of Raja.
  4. Raja appealed at Dindigul Additional District session court for IA, which resulted in vain. And the court ordered to close the case within two months from the order copy . orderd copy dated 7.11.2003.
  5. And the case transferred from sub court to District Munisif court palani and the case no. is changed.
  6. In mean time Raja filled a writ at Madurai high court for stay. Court granted stay for 3 weeks on 2008 and instructed district munisif court to close the case within 2 months. ie before august 2008.
  7. Being a bigshot (raja), commissioner of municipality was not interested in following the case. The case was closed 3 years later. On 2011.
  8. Order was in favour of commissioner of palani municipalaity.
  9. Raja filled an appeal suit at sub court palani. And the case is pending. Raja requested for IA, IA is still pending.

Fact :

  1. there is no stay as on date to evict raja.
  2. Commissioner issued notice to raja 5 times as per tamilnadu district municipal act 1920 u/s sec 182.
  3. Appeal suit is pending at sub court palani.
  4. IA is pending.
  5. Next hearing is on 27.11.2015

My effort :

  1. When i raised a query under RTI sec 6(1) & 19(1) regarding the removal of encroachment. Commissioner replied case is pending. Under sec 19(3) reply was unhappy stating RTI commission states that it does not interfere with this case, when a civil suit is pending before the sub court.

My query :

  1. If IA was rejected by Judge at Sub court, encroachment will be removed or not ?
  2. If IA rejected will Raja appeal at which court ( Dindigul or Madurai high court ).


Regards

Dr. Raja.



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