Lawfully yours: By Retd Justice K Chandru

Officials can be made to act by moving an RTI query

Q: A widow living in Kovilpatti is running from pillar to post to get a solatium issued by the government after her husband died in an accident. Officials initially refused to hand over the cheque, citing a name mismatch as her full name wasn’t spelt out in the existing documents. Later, she produced an identity certificate issued by the local tehsildar proving her identity. Many months have passed by after submission of the identity proof, but officials are yet to hand over the cheque, apparently expecting a bribe. What is the best legal recourse for such a destitute woman, who can’t fight the battle on her own?

— S Muralitharan, Chennai

You can send a query under the RTI Act to the Public Information Officer of the District Collector, Thoothukudi. Just so you know, you are bound to get a reply within one month. Then you can examine the reason given and move the Madurai Bench of the Madras High Court. If you can’t afford the litigation cost, ask her to approach the High Court Legal Aid Services Authority to help her. They will do the needful.

For any tort injury, civil suit for damages is only remedy

Q: A bulldozer damaged my compound wall during the demolition of an old building opposite my house. The builder has constructed an apartment in its place and left already. He did not do anything about the wall despite his promise to look into it. The cost of repairs will be roughly about Rs 10,000. The damage is structural. Any repair will not guarantee stability. It is already nearly two years since the incident. The wall is 20 years old and 40 feet in length. As an old construction, it has withstood the impact and the damage is confined to one span only, with all the other two spans seemingly intact. A new construction will cost Rs 75,000 or more. I am considering filing a civil suit to recover a tortuous liability of say Rs 1 lakh. Is this advisable? I have a legal background and can conduct a case as a party in person. -- S Kothandaram, Arumbakkam, Chennai

For any tort injury, a civil suit for damages is the only remedy if it is filed against private parties. But don’t waste your time in court. Give it to a practising lawyer who can do a better job. If you can’t afford a lawyer, approach the District Legal Services Authority on the city civil court premises and they help you with a lawyer.