We have been having no luck with the Calcutta Municipal Corporation (CMC) regarding a complaint that we lodged in January 2003. The department concerned has communicated to us over the telephone the validity of our complaint. Yet nothing has so far been done to address the problem. Even the superior of the officer concerned has ignored my appeal for an action. I am at the end of my tether now and wish to take them to court or other appropriate authority for neglect, suspected malpractice, etc. Can you please advise me as to how best I can proceed?

Arun Sen,

Address withheld

Your query needs to be more specific before proper advice can be given. You have not stated what exactly the complaint or the grievance relates to or what was communicated to you by the Corporation regarding the ‘validity’ of the complaint.

Under the Calcutta Municipal Corporation Act, 1980, there are various Rules which deal with specific cases such as valuation, taxation of the building premises etc, so it is important to specify the nature of the complaint.

Since the CMC is a statutory authority, it is amenable to writ jurisdiction of the High Court under Article 226 of the Constitution of India. Therefore, you can file a writ in the Calcutta High Court challenging any arbitrary or unreasonable action on its part which is violative of the rights guaranteed under Part III of the Constitution. However, the writ will not be entertained by the Court if there is an efficacious alternative remedy available to you under the CMC Act, 1980 or the Rules therein.