Conditions under which an aggrieved citizen can file a pil or a writ p in the apex court ?
Shirley G e Fazal
(Querist) 09 June 2012
This query is : Resolved
Sir, as a lay person I seek guidance in a matter wherein gross corruption is involved. After filing complaints at the Panchayat level,the Collectorate wherein it was seen that my complaint was genuine and after due thorough investigations, illegal structures in my family Ancestral property were ordered to be demolished by 3 different successive District Collectors. The accused defaulters went on appeal and in collusion with officials,managed to get a stay . This is a typical case of illegal land grabbing in collusion with govt. machinery/officials as the land concerned is very valuable. I have also pleaded in the High Court seeking a survey and demarcation of the illegal structures and the continuous expansion of these structures - The High Court passed an order, but the order was not complied with by the local panchayat. With this kind of lawlessness I need to seek advice as to whether it is possible that I appeal to the Apex Court seeking directions to take action against this grabbing of individuals ancestral property?
Devajyoti Barman
(Expert) 09 June 2012
It seems you have already managed to obtain some kind of order from the court.'Let it be implemented.
If it is not complied with then the high court is capable enough to enforce its order in contempt proceeding.
Do not rush things.
Sudhir Kumar, Advocate
(Expert) 10 June 2012
Thumb rule is that PIL can be filed by disinterested person and not be aggreived person.
You have a high court order which is violated and still you have not filed contempt proceedings? So now you want to file PIL very funny proposition.
As far as appeal to Apex court is concerned as described by you you a voctorious in High Court so what kind of appeal can you file? It is not for the Apex court to execute the order of High Court.
