Permanent Injunction
Chetan
(Querist) 06 May 2009
This query is : Resolved
In a case befroe me --
That the neighbours of my client made an pit in which he release the drainage and all the waste materials of his cows and buffaloes which he hold.
my client makes an complaint to the Municipality, thereby the neighbours clear but again the process is begin.
Under such stage whether I can approach to the CIvil Court for Permanent Restraining the neighbour that not to release the materials,
In that event is it necessary to issue a legal notice to the neighbour.
Pls provide the format of Permanent Injunction with relevant case laws
(Matter is of Maharashtra State)
Y V Vishweshwar Rao
(Expert) 06 May 2009
In Every Muncipality & Mpl Corproations , the Cultivation of Crops and usage of land as Agriculture is prohibited with in Certain limits and the Poultry Forms , animals, Dairy Forms , Pig forms , and other such activities are also prohibited with in residentail areas - pl check up with these provosions in your local Body and logdge a complaint with Municpal Authorities and wait for some time and if no action is taken, you can appraoch the Court for releif of injunction and mandatory injunction - against the said Individual and against muncipal Autherites
adv. rajeev ( rajoo )
(Expert) 07 May 2009
It is no necessary to issue legal notice to neighbours of your client.
It is better to file a permanent injunction suit against those persons
Format:
I have sent partiluar averment which should be taken in the plaint.
Defendants are releasing the drainage and all the waste materials of his cows and buffaloes which he hold.
Plaintiff's several times requested the defendants not do so, but defendants are not heeding to the request of the plaintiff as well elders of the locality.
To do so defendants have no right whatsoever. The illegal acts of the defendants are affecting the health of the plaintiffs.
Inpite of several reuests defendants are not heeding to the plaintiff's request. Hence defendants may kindly be restrained by an order of permanent injunction order not release the drainage and all the waste materials of his cows and buffaloes which he hold.
As well as u take necessary averments.
Y V Vishweshwar Rao
(Expert) 07 May 2009
The Permanent Solution is to remove the cows adn buffaloes from the Residentail area -it can be by mandatory injunction Decree !
I feel that -the injunction not to relase drianage and waste materials of cows & Baffaloes , may not serve the purpose , with out removing cows & baffaloes- Dairy Form -from the Residentail area
