Case Summary
Moly Kutty filed a petition for a Temporary Injunction against Sajitha and Vidhesh regarding an illegally constructed kitchen shed that causes health hazards due to smoke and foul smell. The defendants reside next to the plaintiff and have constructed the shed without permission, prompting the plaintiff to seek court intervention.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants 1 and 2 are restrained from using the plaint B schedule shed as a kitchen or for any other purpose that will create smoke, foul smell, or pollution.
Case Type
Civil Suit
Final Judgment
No
The court allowed the interim application by restraining the defendants from using the illegally constructed shed as a kitchen or for any other purpose causing pollution until the case is resolved.
Why Plaintiff Won:
The plaintiff has a prima facie case and the balance of convenience is in favour of the plaintiff.
The plaintiff has a prima facie case and the balance of convenience is in favour of the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has prima facie case and the balance of convenience is heavily tilts in favour of the plaintiff.
Judgment Evidence:
Hence, the IA is allowed as follows: The defendants 1 and 2 are hereby restrained from using the plaint B schedule shed as a kitchen or for any other purpose which will create smoke, foul smell, or any sort of pollution that causes inconvenience to the plaintiff and her family members residing in the plaint A schedule property, till the disposal of this suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moly Kutty
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajitha
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vidhesh
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Secretary, Elampalloor Grama Panchayath
Plaintiffs Documents
Copy of Sale Deed No. 1500/2017, Tax Receipt issued from Elampalloor Village Office, Petition, Order from Gramapanchayath Secretary, Report of FHC, Elampalloor, Photographs (4 Nos.)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abhishek B.Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.P.Gopalakrishna Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
To restrain the defendants from using the plaint B schedule shed as a kitchen.
Evidence:
The defendants 1 and 2 are hereby restrained from using the plaint B schedule shed as a kitchen or for any other purpose which will create smoke, foul smell, or any sort of pollution that causes inconvenience to the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To prevent further construction by defendants 1 and 2 after demolition.
Evidence:
The IA is allowed as follows: The defendants 1 and 2 are hereby restrained from using the plaint B schedule shed as a kitchen.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Established the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provided proof of property tax payment.
Reference:
Ext.A2
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
Formulated the basis of the plaintiff’s request for relief.
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Showed that the panchayat ordered the demolition of the illegal shed.
Reference:
Ext.A4
Document Type:
Health Report
Submitted By:
Plaintiff
Relevance:
Confirmed that the shed's use as a kitchen was causing health problems.
Reference:
Ext.A5
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Supported the claim regarding the construction and its impacts.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings from the inspection of the properties.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Documented the conditions of the properties as noted by the Advocate Commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
OS.
Case Code Year
2023