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Original Suit No. 417/2016

Case between Balan et al vs State of Kerala et al regarding declaration and mandatory injunction

Court
COURT OF ADDITIONAL MUNSIFF -II, KOZHIKODE
Judge
Smt. ANJALI. P
Order Date
2026-01-09
Duration
approximately-9 years 20 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, including Balan and his deceased wife Sarojini, are seeking a declaration of their title and a mandatory injunction against the State of Kerala and its officials regarding tax collection on their property. They claim they have the right to remit tax on the property purchased from Kariyathan.

Judgment Outcome

Defendant Won
Interim Order
The suit is dismissed with costs as the plaintiffs failed to establish their title over the property and did not issue the required notice under section 80 CPC.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed with costs as the plaintiffs failed to establish their title over the property and did not issue the required notice under section 80 CPC.
Key Reasoning:
The plaintiffs did not establish their title over the property.
Why Defendant Won:
The plaintiffs did not establish their title over the property.
Supporting Evidence
The court is satisfied that the plaintiff has not been successful in proving their title and possession over the plaint schedule property.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Balan
Party Age
77
Relation
S/o
Party Role
Plaintiff
Party Name
Sarojini
Party Age
65
Relation
W/o
Party Role
Plaintiff
Party Name
Velayudhan
Relation
S/o
Party Role
Plaintiff
Party Name
Radha
Relation
D/o
Party Role
Plaintiff
Party Name
Sheeba
Relation
D/o
Party Role
Defendant
Party Name
State of Kerala
Relation
Rep. By District Collector
Party Role
Defendant
Party Name
Thahasildar
Party Role
Defendant
Party Name
Village Officer
Party Role
Defendant
Party Name
Kamalakshinamma
Party Role
Defendant
Party Name
Moidheen Koya
Plaintiffs Documents
Kanam deed No. 520/1969, Sale deed No. 960/1999, Tax receipts, Ownership certificate.
Defendants Documents
Certified copy of deed No. 2944/1918, Certified copy of deed No. 665/1930, Tax receipts.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Premdeep Mahesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Biju Roshan
Appearance Type
Main Counsel
Law Firm
Additional Govt. Pleader
Party Role
Defendant
Advocate Name
Smt. Reena Sukumaran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. Byju Puthiyedath Meethal
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
The plaintiffs sought a declaration of their title over the plaint schedule property.
Evidence:
The court found that the plaintiffs have not been successful in proving their title and possession over the plaint schedule property.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The plaintiffs requested a mandatory injunction directing the defendants to accept tax for the property.
Evidence:
A decree for mandatory injunction cannot be passed against the defendants No 1 to 3 as the plaintiffs have failed to establish their title.

Documents & Evidence

Document Type: Certified copy of Kaanam deed
Submitted By: Plaintiff
Relevance:
This document establishes the Kaanam right over the plaint schedule property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This sale deed records the sale of property to the first plaintiff.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
These tax receipts prove the plaintiffs have been paying taxes for the plaint schedule property.
Reference:
Ext.A3 to Ext.A14
Document Type: Reply
Submitted By: Plaintiff
Relevance:
This is the reply from the second defendant regarding the tax dispute.
Reference:
Ext.A15
Document Type: Electricity Bill
Submitted By: Plaintiff
Relevance:
This electricity bill indicates the usage of the property by the plaintiffs.
Reference:
Ext.A16
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
This document is the building tax receipt issued from Mavoor Gramapanchayath.
Reference:
Ext.A17
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
This document records the settlement deed relating to property assignment.
Reference:
Ext.A18
Document Type: Deed
Submitted By: Plaintiff
Relevance:
This deed pertains to the assignment related to the property in question.
Reference:
Ext.A19
Document Type: Ownership Certificate
Submitted By: Plaintiff
Relevance:
This certificate proves ownership claims by the plaintiffs.
Reference:
Ext.A23
Document Type: Encumbrance certificate
Submitted By: Plaintiff
Relevance:
This certificate provides details about the encumbrances on the property.
Reference:
Ext.A24
Document Type: Legal Deed
Submitted By: Defendant
Relevance:
These documents pertain to historical claims relevant to the disputed property.
Reference:
Ext.B1 to Ext.B9
Document Type: Commission Report
Submitted By: Court
Relevance:
This report provides observations regarding the boundaries and title disputes of the property.
Reference:
Ext.C1 series

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Tax dispute
Case Code
Case between Balan et al vs State of Kerala et al regarding declaration and mandatory injunction
Case Code Year
Case between Balan et al vs State of Kerala et al regarding declaration and mandatory injunction

Quick Facts

Location
Kozhikode
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Sat, 01/09/2016 - 12:00
Case Closed
From
Thu, 01/01/2026 - 12:00
To
Sat, 01/10/2026 - 12:00
Outcome Confidence
90%

Involved Entities

Government

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