Case Summary
The plaintiff, Gracy K.S, claims to be the owner of property where the defendants, Peeyush Pavanam and Abba P.M, have constructed a well violating building regulations. The court addresses the allegations of unauthorized construction and the consequences to the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against digging well and mandatory injunction to demolish the well portion violating the building rules.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the defendants constructed the well in violation of Kerala Panchayat Building Rules without necessary permits.
The court found that the defendants constructed the well in violation of Kerala Panchayat Building Rules without necessary permits.
Judgment Evidence:
In the result, the suit is decreed with costs. It is decreed by an order of permanent prohibitory injunction restraining the defendants No.1 & 2 from making or digging well abutting to the plot boundary of the plaintiff.
Parties Involved
Plaintiffs
Gracy K.S (66 years years)
Kuzhiyamparayil Kureekkadu Post, Gandhi Nagar, Kureekkad village, Kanayanoor taluk, Ernakulam District, Pin – 682 305
Defendants
Peeyush Pavanam (35 years years)
Thurayilkunnu Keerikunnel house, kureekkad Desom, Kureekkad village, Kureekkad Post, Kanayannur Taluk, Ernakulam Pin – 682 305
Abba P.M (35 years years)
Thurayilkunnu Keerikunnel house, kureekkad Desom, Kureekkad village, Kureekkad Post, Kanayannur Taluk, Ernakulam Pin – 682 305
Chottanikkara Grama Panchayath (Age not specified years)
office of the Chottanikkara Grama Panchayath, Chottanikkara, Kanayannur Taluk, Ernakulam District – 682 312
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from making or digging well abutting to the plot boundary of the plaintiff.
Evidence:
It is decreed by an order of permanent prohibitory injunction restraining the defendants No.1 & 2 and their men or agents or any other persons claiming under them from making or digging well abutting to the plot boundary of the plaintiff.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to demolish and remove a portion of the well that has already been constructed.
Evidence:
It is decreed by an order of mandatory injunction directing the defendants No.1 & 2 to demolish and remove plaint C schedule portion of the well that has already been constructed in violation of the Kerala Panchayath Building Rules.
Relief Type:
Other
Outcome:
Granted
Description:
The suit is decreed with costs.
Evidence:
The suit is decreed with costs.
Documents & Evidence
Document Type:
Photocopy of the letter
Submitted By:
Plaintiff
Relevance:
Used as evidence of a complaint submitted to the Panchayat regarding the digging of the well.
Reference:
Ext.A1
Document Type:
Certified copy of the report of Chottanikkara Grama Panchayath
Submitted By:
Plaintiff
Relevance:
Report confirming the new well being constructed in violation of building rules.
Reference:
Ext.A2
Document Type:
Certified copy of stop memo
Submitted By:
Plaintiff
Relevance:
Issued to defendants to stop the construction of the well.
Reference:
Ext.A3
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Order from Panchayat directing the defendants regarding the unauthorized well construction.
Reference:
Ext.A4
Document Type:
Certified copy of notice
Submitted By:
Plaintiff
Relevance:
Notice issued by Kerala State Schedule Caste, Scheduled Tribe commission regarding the well.
Reference:
Ext.A5
Document Type:
Certified copy of the Plan
Submitted By:
Plaintiff
Relevance:
Plan related to the building permit obtained by defendants.
Reference:
Ext.A6
Document Type:
Photocopy of the Sale deed
Submitted By:
Plaintiff
Relevance:
Document establishing ownership of the plaint A schedule property by plaintiff.
Reference:
Ext.A7
Document Type:
Print out of Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment for the plaint schedule property.
Reference:
Ext.A8
Document Type:
Certified copy of the letter
Submitted By:
Defendant
Relevance:
Document submitted by the defendants as part of their evidence.
Reference:
Ext.B1
Document Type:
Certified copy of the letter
Submitted By:
Defendant
Relevance:
Document pertaining to defendant's version of events.
Reference:
Ext.B2
Document Type:
Certified copy of the reply of RTI Application
Submitted By:
Defendant
Relevance:
Evidence relevant to the defendants' defense.
Reference:
Ext.B3
Document Type:
Certified copy of the letter
Submitted By:
Defendant
Relevance:
Letter regarding the defendants' compliance with building rules.
Reference:
Ext.B4
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimonies of plaintiffs and defendants examined in court.
Reference: