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Vehichle being parked in public area how to take legal action
11-Aug-2023 (In Civil Law)
A vehicle is parked in-front of plaintiff gate. defendant gave complaint in police station for removing the steps corner of the house is met the public road access until i park the car in-front of his house.The police station compromised the party by writing compromise letter to remove a steps of plaintiff and not to park the vehicle in-front of plaintiff house by defendant. but still defendant is parking his car infront of palintiff house. What is remedy for this case? How the civil proceeding may follow for this ?
Hi, here, in you question, you can mention as you and your neighbor instead of plaintiff and defendant. You have totally confused the facts with your query. Your concern about obstruction of way by your neighbor/Other property owner is reasonable. Since the way is meant for public use it can not be obstructed by any means and by any person for any reason. A person have a right to question if any such obstruction was made in your way to access public road and your rightful enjoyment of your property limits. At the first instance, if required, you may get an injunction from the court for obstructing your way by any men, agent, representative etc., of the other property owner/ neighbor. And this is possible as the right to way is covered under easement Act., Any obstruction to such elementary right is unlawful. And no person can obstruct and cause such an annoyance.
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Adv. GP Vijay
Chennai | 200+ Answers
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Better talk to the opposite party and sort out the issue permanently. Going to Court for all matters are not good . A bad compromise is better than a good law suit. If still you persist for legal recourse, better make another complaint to the police.
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There are two remedies.
1. A private complaint may be lodged before the magistrate seeking directions against the earlier police complaint for trespass.
2. A civil suit seeking bar injunction and damages for private trespass may be filed in the civil court.
1. A private complaint may be lodged before the magistrate seeking directions against the earlier police complaint for trespass.
2. A civil suit seeking bar injunction and damages for private trespass may be filed in the civil court.
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