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tearer99@gmail.com (tearer99@gmail.com)     06 May 2011

Man Blocking Road in front of house

There is a contruction company shop right next to my house. 

Everyday trucks come and on load offload their material blocking the entrance to the building as well as the house. 

On requesting to stop doing that, the man curtly answered to do whatever I can and to go to the police.

What legal action can be taken?



Learning

 5 Replies

M.Sheik Mohammed Ali (advocate)     06 May 2011

once check with either get the certificate from corporation, if not then send letter to  corporation aforesaid reason.

Kumar Doab (FIN)     06 May 2011

Try first with the help of elders/well wishers/neighbourers/councillor etc.

If the matter does not resolve submit a written complaint to MC,Mayor,MC commissioner, councillor.

You can complain of the nuisance and unruly behaviour to police(in writing under acknowlegment) with a copy to SSP/commissioner.

If nothing works issue a legal notice.

You may take the help of local media also.

tearer99@gmail.com (tearer99@gmail.com)     06 May 2011

thanks to you Kumar ji and Shekh Mohammad Ali ji...Kumar ji, What legal issue are you talking about?? are you referring to a PIL?

S.B.adil rahman (Legal Consultant )     29 May 2011

If the passage for free human traffic is being obstructed then there is a case under section 314/114 IPC against the persons involved in the loading and unloading  being aided and abetted by each other which is causing you the  obstruction. If the goods are kept on the pavement or the other party is running his business by keeping the goods on pavement or road then a case stands against him under section 283 IPC. If the running of the business is creating nuisance of any kind which is uncomfortable or injurious or dangerous to the society then you can bring a case under section 133 code of criminal procedure 1973 against the person restraining him from carrying on the said business or regulating the conduct of business between a particular timing. There is a very potent section which will take care of every thing. The petition will be find before the Executive magistrate of your area. DM or SDo are the executive magistrates who can pass the orders after enquiry. These orders can not be rescinded by any civil court and the Appeal only lies in High Court where if the OP is string then he can move otherwise he will have to  comply. 

S.B.adil rahman (Legal Consultant )     30 May 2011

It should be 341/114 IPC and not 314/114 IPC as typed. Please correct it.


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