Trespass matter
Abdul Majid Visharam
(Querist) 28 February 2024
This query is : Resolved
This is a matter where builder has trespassed and occupied one of the six shops without any shop agreement with the building owner demanding excess amount saying losses though he accepts that the entire amount has been paid by the building owner.
Building owner approaches local police with the direction from commissioner and the local police registers complaint with CSR and stops there. Builder owner files petition in the magistrate court under 156(3) where after 3 months the petition gets dismissed.
Now the building owner files petition in the High court where the court orders under 154(3) to police for further enquiry and action. After 2 months of the High court order the police enquires both the parties. Before police the builder cum trespasser though says that the entire amount for construction has been paid but demands more amount than in the agreement. Also the police questions to the builder cum trespasser repeatedly as to why are you occupying the property when the entire amount for the construction has been paid by the building owner. The building owner says he cannot pay extra amount and would prefer to go to the court for the eviction order. Now the police without filing FIR sends us enquiry report saying the matter is CIVIL IN NATURE.
Now can we take back the matter further to the High court saying police has not filed FIR for an illegal occupation by the builder cum trespasser and also says the matter as CIVIL. If not what is the remedy. Request your opinion.
Thank you
Abdul Majid V
T. Kalaiselvan, Advocate
(Expert) 28 February 2024
Is there any order passed by high court directing the police to register FIR, if not then there is no point in taking up the matter which is not existing.
As a matter of fact you have wasted precious time by taking a criminal law route, you could have filed the civil suit for ejecting him which would have taken a different shape by now.
kavksatyanarayana
(Expert) 28 February 2024
Are you a building owner or builder? You stated that the building owner filed the petition in the High Court where the court orders under 154(3) to police for further enquiry and action. After 2 months of the High Court order, the police enquires both the parties. Did the police submit the enquiry report and action taken by the police to the HC? If you are a party in this case again approach the HC after consultation with your advocate.
Abdul Majid Visharam
(Querist) 29 February 2024
Yes i am a building owner. In the police station when the inspector enquired and found that we have paid the entire amount to the builder, then he warned the builder that he is illegally occupying the property and once eviction order comes the builder will be evicted. Then i have told that i will go to the court and the same i have mentioned in the letter given to the inspector after enquiry. But after 2 days the report sent to me by the inspector says this matter is "civil in nature"
My advocate says that since i have mentioned in the letter that i will go to the court (which i should have not said according to him), now we can't approach highcourt but only to file civil case. Let me know your valuable suggestion for a right direction. Thank you
T. Kalaiselvan, Advocate
(Expert) 29 February 2024
Yes it is because of your statement that the police have closed your complaint accordingly.
Now you to approach civil court for remedy and not directly High court.
