Law of Tort Law of Tort

3 years ago

Issue:

My property has been trespassed, looted by the offenders in Tamil Nadu. They even damaged the property by demolition the building. I have given 3 orders from magistrate court to police to take action. 2 orders from Madras High Court to file charge sheet. However, Inspector of police in connivance with culprits, does not want to take action. Although 2 FIR have been registered under the court order, so far no arrest has been made. No charge sheet has been filed as directed by the High Court. The loss keeps on increasing since May 2018 to till date. Should the police has taken action, the loss might be prevented. In my case, it is not happening.

Question:

Since there is inaction from the Inspector of Police 1) Firstly crime has been occuring on a daily basis 2) Secondly continuous loss has been occurring as a result of the offenders looting 3) Police is disobeying the court order continuously.

Can I file case against the Inspector of Police under law of torts as per the above scenario to claim compensation?

Viswanath M K

Responded 3 years ago

A.Yes. You first have to issue a statutory notice under sec. 80 of the Civil Procedure Code, and then file a case seeking compensation for damages caused by dereliction of duty.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

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A.You may file contempt case as well as suit for compensation under the law of torts.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajagopal Sripathi

Responded 3 years ago

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A.Hi
If police are disobeying court order repeatedly, you can file a contempt case against the police. Since it is a high court order that is being violated, please move the contempt petition before the High court.
High court is hearing cases through video conference in the present lock down.
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Vidhi Samaadhaan Vidhi Samaadhaan

Adv. Sarika Khude

Responded 3 years ago

A.Do not worry...You can claim compensation..
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Vidhi Samaadhaan Vidhi Samaadhaan

SHAIKH IRFAN KHAMAR SHAIKH

Responded 3 years ago

A.Dear sir
If tresspass is committed then you can claim compensation.However which order passed by Honourable High court please clarify then I will able to give appropriate advise
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