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raja (owner)     20 October 2014

Executive petiton rights maduria high court

1)    In our street six encroachers have been encroached as A, B, C, D, E & F.

2)    My mother filled a Writ petition at Madurai High Court to remove encroachment of only A and B ( where A and B are encroached our pathway to street main entrance )

3)    Judgment was pronounced in favour of my mother stating as Our municipal Commissioner is responsible to take necessary action. By referring to judgment commissioner issued 182 notice to all encroachers ( A to F)

4)    C & D encroaches filled a writ petition at Madurai High Court against notice issued by Commissioner. Judgment was pronounced infavour of our commissioner. ( where my mother is neither petitioner nor respondent in C and D encroacher writ petition)

5)    After receiving the judgment copy ( 10.3.2014 ) by our commissioner , he fails to execute the judgment to remove the encroachment.

My Query :

1)    Does my mother is eligible to file a executive petition at Madurai high court to remove encroachment of C & D.

P.S : 182 Notice has been issued to C & D encroachers referring to my mother writ petition as stated in S.No 2.

I have raised a query to our commissioner under RTI act , he replies “ It is a law and order problem ”

Kindly guide me



 3 Replies

G.L.N. Prasad (Retired employee.)     20 October 2014

Respected Doctor,

First equip yourself with all documentary evidences.  Whether your mother is the petitioner or Municipal Commissioner, encroachments are not in larger public interest.

To equip with documentary evidence, RTI is the only way.  It is not clear as to what you have solicited and whether complete, correct and relevant  of information was provided.

Simply file RTI Application seeking information as follows:

Brief Facts: Implementation of HC orders on encroachments (here provide basic details)


Information solicited:

1.Please provide me entire correspondence, office notes etc., for implementing Hon HC order for removing encroachments from receipt of HC order to abandoning further action with reason law and order problem.

2.Please inform whether MC has brought to the attention of the Hon HC, the specific reasons for not acting before Writ in HC and  whether law and problem issue was submitted before HC in their written statements (You can seek copy of their written statements filed.

3.The specific authorities that abandoned the operation stating 'Law and order" and thus resorting to 'Contempt of Court'.

4. Whether MC has  informed facts now and sought any directions of court or praying to set aside theeir order on law and order problem.

5.The name of the oficer, designation and mobile no. who is superior in charge of the implementation of HC orders.

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T. Kalaiselvan, Advocate (Advocate)     21 October 2014

Once your mother filed a writ against A and B and the same was decreed in her favor, she filed the EP, on which the Municipal commissioner having woke up from his sleep, initiated similar action on other encroachers too.  Now this other encroachers did not bother your mother so she has not filed a petition against them, hence she has no cause of action against them even now.  Hope his answers your question.

1 Like

Adv k . mahesh (advocate)     21 October 2014

the encroachers are A and B and your mother got favourable order and also filed the same order to be executed by commissioner and you have no problem with C and D means why you want to file 

no need for again to file 

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