Dear experts, I need a complete guidance regarding to remove encroachment in front of my house.
- Municipal commissioner issued notice to encroachers Mr. Raja ( name changed) on 20.07.2000 as per tamilnadu district municipal act u/s 182 & 313.
- Raja filled a suit at palani sub court also requested for IA in the above suit.
- In above IA, was dismissed after appointing commission by court due to no merits in favour of Raja.
- Raja appealed at Dindigul Additional District session court for IA, which resulted in vain. And the court ordered to close the case within two months from the order copy . orderd copy dated 7.11.2003.
- And the case transferred from sub court to District Munisif court palani and the case no. is changed.
- In mean time Raja filled a writ at Madurai high court for stay. Court granted stay for 3 weeks on 2008 and instructed district munisif court to close the case within 2 months. ie before august 2008.
- Being a bigshot (raja), commissioner of municipality was not interested in following the case. The case was closed 3 years later. On 2011.
- Order was in favour of commissioner of palani municipalaity.
- Raja filled an appeal suit at sub court palani. And the case is pending. Raja requested for IA, IA is still pending.
Fact :
- there is no stay as on date to evict raja.
- Commissioner issued notice to raja 5 times as per tamilnadu district municipal act 1920 u/s sec 182.
- Appeal suit is pending at sub court palani.
- IA is pending.
- Next hearing is on 27.11.2015
My effort :
- When i raised a query under RTI sec 6(1) & 19(1) regarding the removal of encroachment. Commissioner replied case is pending. Under sec 19(3) reply was unhappy stating RTI commission states that it does not interfere with this case, when a civil suit is pending before the sub court.
My query :
- If IA was rejected by Judge at Sub court, encroachment will be removed or not ?
- If IA rejected will Raja appeal at which court ( Dindigul or Madurai high court ).
Regards
Dr. Raja.