Case Summary
K.J Thomas and others are plaintiffs seeking a permanent prohibitory injunction against Saumya Maju and others. The case concerns excavation activities by the defendants that threaten the plaintiffs' properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to construct a retaining wall with rubles and concrete and are restrained from further excavation without permit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided unrebutted evidence supporting their claims regarding the risk to their properties.
The plaintiffs provided unrebutted evidence supporting their claims regarding the risk to their properties.
Judgment Evidence:
In the result, suit is decreed as follows: A) The defendants are directed to construct a retaining wall... B) The defendants and their men are restrained by way of permanent prohibitory injunction from reducing the width of the E schedule way...
Parties Involved
Plaintiffs
K.J Thomas (75 years)
Kalappurackal House, Tert Villa Vaimeethy Road, Thripoonithura P.O, Pin 682 301, Thripoonithura Village, Kanayannoor Taluk, Ernakulam District.
Joe Joseph (57 years)
Kalappurackal Parappuram House, Poonithura P.O, Pin 682038, Thripoonithura Village, Kanayannoor Taluk, Ernakulam District.
Sheena Joe (52 years)
Kalappurackal Parappuram House, Poonithura P.O, Pin 682038, Thripoonithura Village, Kanayannoor Taluk, Ernakulam District.
Defendants
Saumya Maju (50 years)
Karedath House, Kanjiramattom Kara, Kanjiramattom P.O, Pin 682315 Amballoor Village, Kanayannoor Taluk, Ernakulam District.
Maju (55 years)
Karedath House, Kanjiramattom Kara, Kanjiramattom P.O, Pin 682 315, Amballoor Village, Kanayannoor Taluk, Ernakulam District.
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendants are directed to construct a retaining wall on the D schedule property.
Evidence:
The defendants are directed to construct a retaining wall with rubles and concrete, throughout the western side of the D schedule to a length of 40 meters...
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from reducing the width of the E schedule way and from excavating soil from the D schedule property.
Evidence:
The defendants and their men are restrained by way of permanent prohibitory injunction from reducing the width of the E schedule way...
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to costs of the suit from the defendants.
Evidence:
The plaintiffs are also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified copy of the document
Submitted By:
Plaintiff
Relevance:
This document was used to establish the ownership of the property obtained by the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of the 1st plaintiff regarding tax payments on the property.
Reference:
Ext.A2
Document Type:
Certified copy of the Release Deed
Submitted By:
Plaintiff
Relevance:
This document confirms the relinquishment of rights by the legal heirs of the 2nd plaintiff's father.
Reference:
Ext.A3
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate the acquisition of property by the 2nd and 3rd plaintiffs.
Reference:
Ext.A4
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the purchase of property by the 1st plaintiff for access to other properties.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document further supports the ownership claim of the plaintiffs.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the plaintiffs' complaint regarding soil excavation.
Reference:
Ext.A7
Document Type:
True copy of the complaint
Submitted By:
Plaintiff
Relevance:
This document indicates the complaint filed before the Revenue Divisional Officer.
Reference:
Ext.A8
Document Type:
Copy of the complaint
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' claims regarding the complaint filed with the Panchayath Secretary.
Reference:
Ext.A9
Document Type:
True copy of the complaint
Submitted By:
Plaintiff
Relevance:
This document shows the complaint filed with the Mining and Geology Department.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document was marked to support the court's assessment of the plaintiffs' claims regarding property damage.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch provides a visual reference related to the commission report.
Reference:
Ext.C1(a)