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O.S 141/2017

Case between K.S. Mujeeb et al vs Muhammad Sajas et al regarding permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-02-28
Duration
approximately-7 years 11 months 18 days
Case Code No.
141
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves plaintiffs K.S. Mujeeb and others seeking a permanent prohibitory injunction against defendants Muhammad Sajas and others regarding the operation of a saw mill. The plaintiffs argue that the saw mill causes public nuisance and environmental pollution.

Judgment Outcome

Partial Relief
Interim Order
The suit is partly decreed. The defendants are restrained from operating the saw mill without complying with safety measures as directed in the environmental report.
Judgment Favored
Partial
Relief Granted
Defendants are restrained from operating the saw mill without complying with the directions of the commissioner
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed. The defendants are restrained from operating the saw mill without complying with safety measures as directed in the environmental report.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence

Judgment Evidence:

In the result, the suit is partly decreed as follows:- The defendants are restrained by a decree of prohibitory injunction restraining them from operating the saw mill without complying with the directions of the commissioner as mentioned in Ext.C2 report.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.S. Mujeeb
Party Age
41
Relation
S/o
Party Role
Plaintiff
Party Name
V.S. Shajahan
Party Age
50
Relation
S/o
Party Role
Plaintiff
Party Name
P.P. Sulaiman
Party Age
66
Party Role
Plaintiff
Party Name
Laila Sulaiman
Party Age
62
Relation
W/o
Party Role
Plaintiff
Party Name
Jasmin Mujeeb
Party Age
39
Relation
W/o
Party Role
Defendant
Party Name
Muhammad Sajas
Party Age
41
Relation
S/o
Party Role
Defendant
Party Name
Shibily
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Thresiamma Scariah
Party Role
Defendant
Party Name
Shemina Shibily
Party Age
46
Plaintiffs Documents
Certified copy of sale deed No. 426/2016, Building permit issued by Kanjirappally Grama Panchayath
Defendants Documents
License No. 623/2021/A2/8590 issued by Kanjirappally Grama Panchayath, License No. A2 106/2022 -2023/478 issued by Kanjirappally Grama Panchayath

Advocates

Party Role
Plaintiff
Advocate Name
George Kurian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Muhammed Haris K.S.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Binoy Abraham
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
B. Bijoy
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Partly Granted
Description:
Plaintiffs sought to restrain the defendants from operating the saw mill.
Evidence:
The suit is partly decreed as follows:- The defendants are restrained by a decree of prohibitory injunction restraining them from operating the saw mill without complying with the directions of the commissioner as mentioned in Ext.C2 report.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed No. 426/2016 establishes ownership of the plaint schedule item No.1 property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Corresponding land tax receipt supports the ownership of plaint schedule item No.1 property.
Reference:
Ext.A2
Document Type: Building Permit
Submitted By: Plaintiff
Relevance:
Building permit obtained from Kanjirappally Grama Panchayath allows construction on plaint schedule item No.1.
Reference:
Ext.A3
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Certified copy of partition deed No. 5100/2007 establishes ownership of plaint schedule item No.2 property.
Reference:
Ext.A4
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Corresponding land tax receipt supports the ownership of plaint schedule item No.2 property.
Reference:
Ext.A5
Document Type: Building Permit
Submitted By: Plaintiff
Relevance:
Building permit obtained from Kanjirappally Grama Panchayath allows construction on plaint schedule item No.2.
Reference:
Ext.A6
Document Type: Letter
Submitted By: Plaintiff
Relevance:
Letter from Environmental Engineer indicates concerns about the saw mill's compliance with safety regulations.
Reference:
Ext.A7
Document Type: Letter
Submitted By: Plaintiff
Relevance:
Letter from the Kanjirappally Grama Panchayath indicates that permission was not granted for the saw mill.
Reference:
Ext.A8
Document Type: Report
Submitted By: Plaintiff
Relevance:
Letter from the Panchayath Deputy Director detailing concerns about the saw mill's operation.
Reference:
Ext.A9
Document Type: License
Submitted By: Defendant
Relevance:
License issued by Kanjirappally Grama Panchayath allowing operation of the saw mill.
Reference:
Ext.B1
Document Type: License
Submitted By: Defendant
Relevance:
License issued for a subsequent operational period of the saw mill.
Reference:
Ext.B2
Document Type: License
Submitted By: Defendant
Relevance:
Photocopy of license issued for the saw mill confirming compliance with operational requirements.
Reference:
Ext.B3
Document Type: License
Submitted By: Defendant
Relevance:
Photocopy of another license issued for the saw mill for future compliance.
Reference:
Ext.B4
Document Type: License
Submitted By: Defendant
Relevance:
License issued by the DFO for the saw mill's operation.
Reference:
Ext.B5
Document Type: Consent
Submitted By: Defendant
Relevance:
Consent issued by Kerala State Pollution Control Board for the operation of the saw mill.
Reference:
Ext.B6
Document Type: Commission Report
Submitted By: Court
Relevance:
Report that includes findings on potential nuisances caused by the saw mill.
Reference:
Ext.C1
Document Type: Report
Submitted By: Court
Relevance:
Report filed by Senior Environmental Engineer detailing compliance and safety measures for the saw mill.
Reference:
Ext.C2

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2017

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Mon, 04/10/2017 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
70%

Involved Entities

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