Gated community living - harassment by neighbours
John Bromeo A J
(Querist) 16 May 2016
This query is : Resolved
Hello Respected Experts !
I am a 76-year old retired Govt servant and my daughter is an unmarried lady living alone in her own property in a gated community. For last 3-4 years she has been suffering harassment from her neighbours on both sides. On one side the neighbour is a powerful widower guy who is making lewd passes on my daughter. On the other side there is a couple who is running religious meetings in their residence with around 40-50 outside people and earning huge money.
In order to protect her privacy from prying eyes/"peeping toms" and for her personal safety, my daughter tried to put a thin polycarbonate sheet 7 feet high partition on the both side fence so that nobody can see into her residence. Last week she received an RPAD letter from the neighbour that a civil suit has been filed and an "interim stay" has been obtained/given by the vacation judge, but no copy of the judgement was sent, except the plaint where it is falsely claimed that my daughter is doing illegal construction.
I would request experts to please advice us on the following clarifications:
1) Since the courts are on summer vacation, can a vacation judge simply issue an "interim stay" without even hearing the defendant even once? Or is the neighbour's letter making such claim is a fake? When we cross-checked with the court records no summons has been sent to my daughter yet and the first hearing date is only in June 4th week.
2) In the absence of such court order and only a civil suit being filed, can my daughter continue with putting up the visual partition (2 inches thick polycarbonate sheet of 7feet height). She is not constructing any wall or brickwork and so no permission is required from the plaaning / govt authorities. Even the residence association has no objection.
3) How can my daughter take a lawful action to put a stop on the neighbour running a religious sect in a residential gated compound and causing great disturbance from unknown outside people who shout and cause noise pollution and also illegally park on my daughter's front lawn/garage/home entrance?
Thanking you all and warm regards !
rajagopal.s
(Expert) 17 May 2016
Hi
A vacation court can grant interim stay at the time of admission of petition. you should get the stay vacated.
In your case, the other side has obtained an ex-parte interim stay at the time of admission of petition. So after you receive the summons and on the first hearing, you can get your stay vacated.
2) Your daughter can continue to put a visual partition (2 inches thick polycarbonate sheet of 7feet height) as it is not a construction activity per se. it is a sheet which is temporary in nature and akin to blinds which are affixed to a window in order to protect from sunlight
3) Your daughter can file a nuisance case (criminal)against the neighbour running a religious sect ( it is prohibited in law to conduct religious meetings regularly in a residential gated community).She can also obtain stay against the neighbour in a civil court also.
Rajendra K Goyal
(Expert) 17 May 2016
Show all documents to local lawyer, discuss and proceed.
John Bromeo A J
(Querist) 18 May 2016
Thank you Sir, Mr Rajagopal for your valuable advice which we will follow!
Warm Regards,
John Bromeo A J
