Lawfully yours: By Retd Justice K Chandru

Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us atcitizen.dtnext@dt.co.in
Lawfully yours: By Retd Justice K Chandru

Chennai

Civil suit can be a representative suit on behalf of similarly placed persons
Thank you for your response to my query on GCC and cantonment authorities shifting the onus on clearing encroachers from the only passage to my home. I have a few more questions which need your answers.
1) Regarding the suit, can I file public interest litigation?
2) How long is the waiting period for the case hearing of such a suit?
3) If the waiting period is long, can I approach the court to consider my case on priority, considering my age and senior citizenship?
4) Will there be any legal charges I need to pay to the court?
— Yusuff CK, Anna Nagar
A civil suit can be filed before the court of District Munsif and it can be a representative suit on behalf of similarly placed persons. Public interest litigation (PIL) can be filed only in the High Court by way of a writ petition which is a constitutional remedy. No one can give you a guarantee regarding the time limit for its disposal. In either of the litigation, the court fee has been fixed. However, the lawyers’ fee will be several times more than the court fee.
Mediation possible before Lok Adalat in cheque bounce cases
I run a sports clothing outlet and had recently issued a post-dated cheque to a textile firm in Tirupur. I was expecting sufficient funds in the bank account but the plans went terribly wrong. Though I requested the payee for another two months to pay up he is not willing to accept another post-dated cheque. He is also threatening to deposit the cheque and take up the matter legally if it bounces. How long will it take for him to bring me before the law? If I am ready with the money within two months, will the court spare me paying just the amount mentioned in the cheque?
— Ramasamy, Medavakkam
You can ask the magistrate who is conducting the trial to refer your case for consideration by a permanent Lok Adalat which is organised by the legal aid service authority. Before that forum, you can seek for waiver of any penalty/ compensation. If your other side agrees, then the Lok Adalat can pass a final order on the basis of the compromise reached between parties.
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns

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