Case Summary
K.O. Sarjahan filed a suit seeking compensation from Kunnathunad Gramapanchayath and its Assistant Engineer for delays in payment related to civil works on a canal road. The plaintiff alleges financial losses due to the defendants' irresponsible actions.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff filed the suit in his personal capacity without authority, as the work was performed on behalf of the beneficiary committee.
The plaintiff filed the suit in his personal capacity without authority, as the work was performed on behalf of the beneficiary committee.
Judgment Evidence:
In the result, the suit stands dismissed. No costs.
Parties Involved
Plaintiffs
K.O. Sarjahan (36 years years)
Kuzhipilly House, Kaithakkad Kara, Pattimattom Village, Kunnathunad Taluk
Defendants
Kunnathunad Gramapanchayath (Age not specified years)
Kunnathunad Village, Kumarapuram P.O. - 683565
Assistant Engineer, L.S.G.D Section (Age not specified years)
Kunnathunad Village, Kumarapuram P.O. - 683565
Reliefs
Relief Type:
Damages
Outcome:
Refused
Description:
Compensation claimed for various losses including mental agony and litigation expenses.
Evidence:
The plaintiff is not entitled to get any relief from these defendants.
Relief Type:
Interest
Outcome:
Refused
Description:
Claim for interest at the rate of 12% on the amount received from 1.04.2016 onwards.
Evidence:
The plaintiff is not entitled to any amount towards interest.
Relief Type:
Costs
Outcome:
Not Decided
Description:
Claim for costs incurred during the litigation process.
Evidence:
This court cannot assume and infer the expenses incurred by the plaintiff.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the agreement bearing No. 58/15-16.
Reference:
Ext.A1
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Copy of the Order of Hon’ble High Court in WP(C) No.3450/2017.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the Lawyer notice issued against the defendants.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts (3 Nos) related to the notice.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment Cards.
Reference:
Ext.A5
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
The agreement bearing No. 52/15-16 produced along with file.
Reference:
Ext.B1
Document Type:
Decision Copy
Submitted By:
Defendant
Relevance:
Copy of decision of Kunnathunad Grama Panchayath.
Reference:
Ext.B2
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Copy of the cheque bearing No. 2653604 for an amount of Rs. 4,30,020/.
Reference:
Ext.B3
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Copy of the Order of Hon’ble High Court in WP(C). No. 3450/2017.
Reference:
Ext.B4