Case Summary
Plaintiffs Krishnan.K et al filed a suit seeking permanent prohibitory injunction against the State of Kerala and others, but the court ruled that the suit should be presented before the Land Revenue Commissioner in Thiruvananthapuram due to lack of jurisdiction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Returning the plaint for presentation before the Land Revenue Commissioner in Thiruvananthapuram
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
The court ruled that due to an express bar under the provisions of the Kerala Land Conservancy Act, the civil Court has no jurisdiction to entertain the suit and hence returned it for filing before the proper forum.
Key Reasoning:
Reason not clearly mentioned
Reason not clearly mentioned
Why Defendant Won:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
Judgment Evidence:
Suit for permanent prohibitory Injunction. IA 1365/2017 allowed. Plaint is returned under order VII Rule 10 for presentation before proper forum Land Revenue commissioner, Thiruvananthapuram.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Krishnan.K
- Party Age
- 72
- Relation
- S/o. Velayudhan, K.P. (Late)
- Party Role
- Plaintiff
- Party Name
- Sanal Kumar. K.P
- Party Age
- 32
- Relation
- S/o. Andi @ Mayandi
- Party Role
- Plaintiff
- Party Name
- Karthiayani, K.P
- Party Age
- 52
- Relation
- W/o. Subramanian,I K.K.
- Party Role
- Plaintiff
- Party Name
- Kalliani.K.P
- Party Age
- 48
- Relation
- W/o. Achuthan. K.T.
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.M. Bhaskaran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Additional Government Pleader
- Appearance Type
- Unknown
Reliefs
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Not Decided
Description:
Returning the plaint for presentation before the Land Revenue Commissioner in Thiruvananthapuram
Evidence:
Suit for permanent prohibitory Injunction. IA 1365/2017 allowed. Plaint is returned under order VII Rule 10 for presentation before proper forum Land Revenue commissioner, Thiruvananthapuram.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Permanent Prohibitory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Krishnan.K et al vs State of Kerala et al regarding permanent prohibitory injunction
Case Code Year
Case between Krishnan.K et al vs State of Kerala et al regarding permanent prohibitory injunction