Again encroachment after eviction by municipality
Maria Joseph
(Querist) 22 November 2015
This query is : Resolved
Sirs, I have filed a writ petition(PIL) to remove encroachment in a public street to the extent of 15 meters for which i have got the direction from High court madurai.In another 65 days the municipality team have evicted the encroachment with the help of Town police by providing further orders on 18/11/2015.After 2 days of eviction, the encroachers have got interim injunction for a period of 3 weeks and the order date is 19/11/2015.Copy delivered is on 20/11/2015.
Notice of motion returnable by 3 weeks."Their prayer is grant order of interim injunction restraining the respondent from unlawful interference in the petitioners(encroachers) occupation of street vending in the street."
When i approach the town police they are saying that they got interim injuction and ordering me not to disturb the encroachers for a period of 3 weeks.
They have filed Municipality alone as respondent and the name of 6 petitioners.In this scenario please guide me how i can proceed further to vacate their interim injunction.
Earlier there is wp case pending for which those 6 petitioners are respondents and they nevers appeared for that case,no vakalat,no counter filed.And now they filed and got interim injuction by using their names as Petitioners. Pls suggest me to vacate their interim injuction.....
Thank you
P. Venu
(Expert) 23 November 2015
You may file an application to join as an intervenor and inform the Court that the interim order was got based on misrepresentation.
Rajendra K Goyal
(Expert) 23 November 2015
You may wait for 3 weeks and move further as per advice of your lawyer.
Maria Joseph
(Querist) 23 November 2015
Sir Is it possible to vacate the interim injunction within 3 weeks? And also my advocate suggesting for implead.
K.S.Srinivas
(Expert) 24 November 2015
Act according to your advocate's suggestion.
T. Kalaiselvan, Advocate
(Expert) 30 November 2015
If you are not a party to the present case, you have to get yourself impleaded in it without which you cannot claim any relief.
