Certiorari in sc civil to quash the high court judgement
RAJ
(Querist) 14 July 2024
This query is : Resolved
Respected Sir/Madam,Â
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.Â
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
T. Kalaiselvan, Advocate
(Expert) 14 July 2024
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