O.S. No. 377/2016

Case between M R Harikumar vs State of Kerala et al regarding Permanent Prohibitory Injunction

Court

COURT OF MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K.Dinamany

Order Date

2025-09-12

Duration

approximately-9 years 6 months

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Case Summary

M R Harikumar, the plaintiff, is seeking a permanent prohibitory injunction against the State of Kerala and other defendants to prevent the demolition of his building, which he claims was owned by his late father. The defendants argue that they have the right to demolish the building to widen the road, asserting that the plaintiff has no title over the property.

Judgment Outcome

Defendant Won

Interim Order

The court found that the plaintiff failed to prove his ownership of the plaint schedule property. The suit was dismissed with costs.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

No

Key Reasoning:
The plaintiff had failed to demonstrate ownership of the building, and the defendants presented valid documents showing their rights.

Judgment Evidence:

Hence from the above discussion, court is satisfied that plaintiff has failed to prove his case. The suit is dismissed with costs.

Parties Involved

Plaintiffs

M R Harikumar (56 years) Kesava Vilasam, Glass Factory Road, Rajagiri P O, Kalamassery, Thrikkakkara North Village, Kanayannur Taluk, Ernakulam-683104

Defendants

State of Kerala represented by its Secretary to the Department of Public Works (Age not specified years) Government Secretariat, Thiruvananthapuram District Collector, Ernakulam (Age not specified years) Collectorate, Civil Lane, Kakkanadu, Ernakulam Assistant Executive Engineer, PWD Roads Sub Division (Age not specified years) Thrikkakkara P O, Kochi P A Razia (Age not specified years) White way house, Orumanoor, Thrissur

Reliefs

Relief Type: Permanent Injunction

Outcome: Refused

Description:

The plaintiff sought a permanent prohibitory injunction against demolishing the plaint schedule building.

Evidence:

The court is satisfied that plaintiff has failed to prove his case.

Documents & Evidence

Document Type: Professional tax receipt

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A1

Document Type: Professional tax receipt

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A2

Document Type: Demand Notice for Professional Tax

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A3

Document Type: Demand Notice for Professional Tax

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A4

Document Type: Demand Notice for Professional Tax

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A5

Document Type: Demand Notice for Professional Tax

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A6

Document Type: KSEB Receipt

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A7

Document Type: KSEB Receipt

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A8

Document Type: KSEB Bill

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A9

Document Type: BSNL Bill

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A10

Document Type: BSNL Bill

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A11

Document Type: BSNL Bill

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A12

Document Type: BSNL Bill

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A13

Document Type: BSNL Receipt

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A14

Document Type: BSNL Receipt

Submitted By: Plaintiff

Relevance:

To support the plaintiff's claim of possession and use of the premises.

Reference:

Ext.A15

Document Type: Notice

Submitted By: Plaintiff

Relevance:

To evidence the notice issued by the defendants attempting to evict the plaintiff.

Reference:

Ext.A16

Document Type: Basic Tax Register Copy

Submitted By: Plaintiff

Relevance:

To argue ownership and claim legal standing in relation to the property.

Reference:

Ext.A17

Document Type: Basic Tax Receipt

Submitted By: Plaintiff

Relevance:

To argue ownership and claim legal standing in relation to the property.

Reference:

Ext.A18

Document Type: Notice

Submitted By: Defendant

Relevance:

To demonstrate the legal basis for actions taken regarding the plaint schedule property.

Reference:

Ext.B1

Document Type: Undertaking

Submitted By: Defendant

Relevance:

To show that the 4th defendant agreed to surrender land for public development.

Reference:

Ext.B2

Document Type: Sale deed

Submitted By: Defendant

Relevance:

To establish the 4th defendant's ownership of the property.

Reference:

Ext.B3

Document Type: Letter

Submitted By: Defendant

Relevance:

To show official communication regarding land demarcation.

Reference:

Ext.B4

Document Type: Power of Attorney

Submitted By: Defendant

Relevance:

To establish representation on behalf of the 4th defendant.

Reference:

Ext.B5

Document Type: Partition Deed

Submitted By: Defendant

Relevance:

To demonstrate the historical transfer of property ownership.

Reference:

Ext.B6

Document Type: Sale deed

Submitted By: Defendant

Relevance:

To further support the ownership claim of the 4th defendant.

Reference:

Ext.B7

Document Type: Basic Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B8

Document Type: Basic Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B9

Document Type: Basic Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B10

Document Type: Basic Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B11

Document Type: Basic Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B12

Document Type: Basic Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B13

Document Type: Basic Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B14

Document Type: Corporation Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B15

Document Type: Corporation Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B16

Document Type: Corporation Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B17

Document Type: Corporation Tax Receipt

Submitted By: Defendant

Relevance:

To show taxation records supporting the 4th defendant's ownership.

Reference:

Ext.B18