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
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.
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.
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