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O.S No. 878/2022

Case between Gracy K.S vs Peeyush Pavanam et al regarding digging of well abutting property

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-02-23
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, ordering the defendants to cease construction of the well abutting the plaintiff's property and to remove the well portion already constructed in violation of regulations.
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
The court decreed in favor of the plaintiff, ordering the defendants to cease construction of the well abutting the plaintiff's property and to remove the well portion already constructed in violation of regulations.
Why Plaintiff Won:
The court found that the defendants constructed the well in violation of Kerala Panchayat Building Rules without necessary permits.
Losing Side's Weaknesses:
The court found that the defendants constructed the well in violation of Kerala Panchayat Building Rules without necessary permits.
Supporting Evidence
The construction of a new well by defendants No.1 & 2 have been established. The panchayath, on the basis of their report, issued a stop memo stating that there is deviation from the permit and a new well was being constructed.

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

Parties

Party Role
Plaintiff
Party Name
Gracy K.S
Party Age
66
Relation
D/o Samuel
Party Role
Defendant
Party Name
Peeyush Pavanam
Party Age
35
Relation
S/o Pavanan
Party Role
Defendant
Party Name
Abba P.M
Party Age
35
Relation
W/o Peeyush Pavanam
Party Role
Defendant
Party Name
Chottanikkara Grama Panchayath
Relation
represented by its Secretary
Plaintiffs Documents
Photocopy of the Sale deed No.379/16, Certified copy of the report of Chottanikkara Grama Panchayath.
Defendants Documents
Certified copy of the letter of Assistant Engineer LID and EW Section, Letter issued by Assistant Engineer LID and EW Section.

Advocates

Party Role
Plaintiff
Advocate Name
Jose Tom C Kandathil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreekumar D Menon
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Mathai K.C
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Jeemon P Abraham
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V.Asokkumar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K.S.Sreeraj
Appearance Type
Assisting Counsel

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:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Gracy K.S vs Peeyush Pavanam et al regarding digging of well abutting property
Case Code Year
Case between Gracy K.S vs Peeyush Pavanam et al regarding digging of well abutting property

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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