Application For Complaining Against Mobile Tower Installation

IN THE COURT OF HON’BLE CIVIL JUDGE, SENIOR DIVISION,
____________.

Civil suit No.____of ____
_________________ S/o Shri_________
R/o _________________

…Plaintiff
Versus
1- ____________
R/o _______________.

2- The Joint Commissioner
Municipal Corporation,
________________.


…Defendants.

SUIT FOR PERMANENT INJUNCTION & IN THE
CONSEUENTIAL RELIEF FOR MANDATORY INJUNCTION

Sir,
The plaintiff respectfully submits as under: -
1- That the plaintiff is the owner in possession of _____________, consisting of one room, one Tin Shed, Open Space and one Shop, which is situated at ________________________. The said house is fully shown in the attached site plan Annexure –P-1. The said house is bounded as under:-
EAST - ___________
WEST - ___________
NORTH - ___________
SOUTH - ______________

2- That the defendant NO.1 is owner in possession in the adjoining double Storey _____________________ which is situated towards the __________ side of the house of the plaintiff and the same is shown in the enclosed site plan Annexure __.

3- That the defendant NO.1 has installed some portion of _____________ Mobile Tower over the first floor of his house which is shown in the red colour in the enclosed site plan. It is pertinent to mention that the ______________ is the residential colony and the defendant No.1 OR ANY body else of the colony is not legally entitled to install any Mobile Tower over the first floor of his house. The said Mobile Tower is being installed by the defendant No.1 on the floor of first floor of his house which has no any base on the ground. The proposed Tower can fallen at any time in the heavy rain and storm at any time and if the same will be fallen then the said Mobile Tower will be fallen on the roof of the plaintiff due to which the plaintiff will suffer a huge loss. It is worth to mention here that the rays of the said Tower will discharge the rays, which will affect the residents of ___________________.

4- That the plaintiff asked the defendant to remove the said Mobile Tower from the roof of first floor of his house but the defendant No.1 told that he has taken the permission from the defendant No.2 in this regard. The plaintiff moved an application before the defendant No.2 and requested him to stop the defendant No.1 from installing the Mobile Tower on the first floor of his house. The plaintiff sent the copies of the same to the __________________ and to the Commissioner Municipal corporation, _________ but no action was taken by the said authorities. The photocopy of the application dated ____________ is enclosed herewith the plaint for the kind perusal of this Hon’ble court. However the defendant No.1 has succeeded to install some penels over the first floor of his house.

5- That on ___________ the defendant No.1 called about 15-20 persons and he tried to install the Mobile Tower over the roof of his house but due to the intervention of the plaintiff he could not succeed in his illegal designs. However the defendant No.1 is still adamant to install the Mobile tower with the help and support of the defendant No.2 forcibly and illegally for which the defendant No.1 has got no right, title and interest to do so. The defendant No.2 is still threatening to completely install the _________ MOBILE TOWER over the roof of first floor of his house forcibly and illegally. If the defendant No.1 will succeed in his illegal motives then the plaintiff will suffer an irreparable loss and injuries which cannot be compensated in any manner whatsoever;

6- That the of cause of action to file the present suit firstly arose on ______________ when the defendant No. 1 installed some portion of the __________ Mobile Tower forcibly. The cause of action further arose on ___________ when the plaintiff moved the application to the defendant No.2 requesting him to stop the defendant No.1 from installing the Mobile Tower over the first floor of his house forcibly and illegally. The cause of action finally arose on _____________ the defendant No.1 called about ______ persons and he tried to install the Mobile Tower over the roof of his house. Hence this is the date when the final cause of action arose in favour of the plaintiff and against the defendants, which necessitated the institution of the present suit.

7- That the present suit being filed by the plaintiffs against the defendant is the first suit and no such suit has been previously filed, pending or decided by any court of law on the same subject matter.

8- That plaintiff and the defendant No.1 reside and suit property is situated at _________ and the and entire cause of action also accrued between the parties at __________, within the territorial jurisdiction of this Hon’ble court, therefore, this Hon’ble court has got the jurisdiction to entertain and try the present suit

9- That the value of the suit for the purposes of court fee and jurisdiction is assessed at Rs. ___/- upon which a fixed court fees has been affixed on the plaint.

PRAYER:
It is, therefore, prayed that this Hon’ble court may kindly be pleased to:

(i) Pass a decree permanent injunction restraining the defendants from installing the MOBILE TOWER over the first floor of his house which is situated just near the house of the plaintiff mentioned in para No.1 of the plaint and fully shown in the enclosed site plan forcibly, illegally and in coercive manner whatsoever, may kindly be passed in favour of the plaintiff and against the defendants alongwith costs of the suit.

(ii) In the consequential relief a decree for mandatory injunction thereby directing the respondent No.1 and 2 to remove the some Penal installed by the defendant No.1 over the first floor of his house immediately, may kindly be passed in favour of the plaintiff and against the defendants

(iii) Or any other relief, which this Hon’ble court deems fit and proper, be also granted in favour of the plaintiff and against the defendants.

Plaintiff.
Through counsel:
______________, Advocate, _______________
VERIFICATION:

Verified that the contents of paras No.1 to 6 and of the plaint are true and correct to best of my knowledge and Paras No. 7 to 9 of the plaint are true to best of my belief and on the information received. The last Para is the humble submission before this Hon’ble court.
Verified at ___________ on ___________
Plaintiff.