Case Summary
M/s Swapna Bone Meal Co. seeks a perpetual injunction against V.J. Joy and others to prevent them from obstructing the operation of the bone meal unit. The defendants claim that the operation is illegal, causing environmental pollution and health risks to nearby residents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established rights to the property and the absence of sufficient evidence to support the defendants' claims of illegal operation.
The plaintiff established rights to the property and the absence of sufficient evidence to support the defendants' claims of illegal operation.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants or their men are hereby restrained from forcefully entering into the plaint schedule property or the building therein, or do any obstruction to the working of bone mill unit or obstruct the vehicles in which the machineries or other raw-materials are taken in or obstruct any labourers from working there, by way of perpetual injunction.
Parties Involved
Plaintiffs
M/s Swapna Bone Meal Co. (Age not specified years)
Arackappady Vengola P.O., Ernakulam
Defendants
V.J. Joy (52 years)
Vellamkulam House, Vengola P.O., Vengola Kara, Arackappady Village, Pin : 683556
Eldho (37 years)
Pullan House, Vengola P.O., Vengola Kara, Arackappady Village, Pin : 683556
Skariya (53 years)
Thettalamparambil House, Vengola P.O., Vengola Kara, Arackappady Village, Pin : 683556
Elias (52 years)
Veeppanattu House, Vengola P.O., Vengola Kara, Arackappady Village, Pin : 683556
George (55 years)
Vellamkulam House, Vengola P.O., Vengola Kara, Arackappady Village, Pin : 683556
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought perpetual injunction against the defendants from obstructing the functioning of the bone meal unit.
Evidence:
Therefore, the right and possession of the plaintiff over the plaint schedule property coupled with grounds for apprehension entitles the plaintiff for the relief of perpetual injunction as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document bearing No. 1387/2017 confirms the purchase of property and associated rights.
Reference:
Ext.A1
Document Type:
License
Submitted By:
Plaintiff
Relevance:
License issued by the department of factories and boilers for the plaintiff firm.
Reference:
Ext.A2
Document Type:
Consent
Submitted By:
Plaintiff
Relevance:
Consent from Kerala State Pollution Control Board for operating the bone meal company.
Reference:
Ext.A3
Document Type:
Building Tax Receipts
Submitted By:
Plaintiff
Relevance:
Building tax receipts of Vengola Grama Panchayath indicating compliance with tax obligations.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt from Arackappady Village supporting the plaintiff's property claims.
Reference:
Ext.A5
Document Type:
Final report
Submitted By:
Plaintiff
Relevance:
Certified copy of the final report in crime No. 2279/2018 relevant to the case.
Reference:
Ext.A6
Document Type:
Scene Mahazer
Submitted By:
Plaintiff
Relevance:
Certified copy of the mahazar in crime No. 2279/2018 supporting plaintiff's assertions.
Reference:
Ext.A7
Document Type:
License
Submitted By:
Plaintiff
Relevance:
True copy of the license from Vengola Grama Panchayath allowing operation of the company.
Reference:
Ext.A8
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photograph submitted by the defendant showing conditions related to the complaint.
Reference:
Ext.B1
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Order from Hon'ble High Court directing the Pollution Control Board regarding the regulation of the business.
Reference:
Ext.B2
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Another order from the Hon'ble High Court reinforcing the requirements for licenses and permissions.
Reference:
Ext.B3
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter from Vengola Grama Panchayath stopping the functioning of the unit before the suit.
Reference:
Ext.B4
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Order of the Sub Divisional Magistrate instructing closure of the unit until necessary permissions are obtained.
Reference:
Ext.B5
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter from Environmental Engineer requesting an explanation from the plaintiff.
Reference:
Ext.B6
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter from Environmental Engineer directing closure of the unit for violations.
Reference:
Ext.B7
Document Type:
Decision
Submitted By:
Defendant
Relevance:
Decision of the gramasabha denying renewal of the plaintiff's license.
Reference:
Ext.B8
Document Type:
Reply
Submitted By:
Defendant
Relevance:
Reply from Kerala State Pollution Control Board regarding the plaintiff's operations.
Reference:
Ext.B9
Document Type:
Reply
Submitted By:
Defendant
Relevance:
Another reply from Kerala State Pollution Control Board related to operational consent.
Reference:
Ext.B10
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order from Revenue Divisional Officer documenting the operational status of the unit.
Reference:
Ext.B11
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter from Vengola Grama Panchayath Secretary.
Reference:
Ext.B12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the situation at the plaint schedule property during inspection.
Reference:
Ext.C1
Document Type:
Commission Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch submitted along with the commission report.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies provided by witnesses from both sides.
Reference: