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RAJ (student)     14 July 2024

Scope of certiorari in sc civil writ - to quash the high court judgement

Respected Sir/Madam,
Request your valuable advise on the below scenario.

 

Is it possible and worth proceeding to file a civil writ at SC against a High court judgment (in a regular second appeal process), which has a serious question of law by modifying a judgement passed earlier by an additional district judge (in an appeal suit process further to an objection suit process at a munsiff court) to fix the boundary between two adjacent plots; by setting a 2 feet clearance from an existing building which abutted the adjacent share. 

 

The high court has removed the 2 feet clearance between the boundary and the existing residential house's side with a building wall consisting of several windows, ventilators and a 2 feet projected sunshade. 
As per the High court judgement,  the boundary wall has to be constructed close to building wall without leaving any space;  for access, maintenance for plumbing and electrical, painting, opening of windows evidently violating the right to inhabitable shelter, right to privacy as well as the mandatory panchayat building  rules in effect in the area; which calls for a minimum side setback of 1m between the building and boundary.

 


Kindly advise with the necessary legal aspects, opinions, relevant and applicable civil laws in this special circumstances.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     14 July 2024

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial question of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court.

Therefore, you may prefer an appeal against the high court judgement by following the prescribed procedures for filing the appeal before supreme court.

 


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