Case Summary
Nicolas P Dias and Mercy Simenthy have filed a case against M.K.Aboobacker and others for a permanent prohibitory injunction to prevent obstruction on a road they use. They argue that the defendants unlawfully obstructed necessary gas and water pipeline installations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to carry out necessary works in plaint B schedule road.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs demonstrated a bona fide need for the pipelines and the right to access the road.
The plaintiffs demonstrated a bona fide need for the pipelines and the right to access the road.
Judgment Evidence:
Hence the petition is allowed. Petitioner is granted permission to carry out necessary works in plaint B schedule road as stated in the affidavit.
Parties Involved
Plaintiffs
Nicolas P Dias (75 years years)
Mercy Villa, Club Junction, Vazhakala village, Edapally P.O, Kanayannur taluk, Ernakulam District, Kochi - - 682 024.
Mercy Simenthy (66 years years)
Mercy Village, Club Junction, Vazhakkala village, Edapally P.O, Kanayannur taluk, Ernakulam District, Pin - - 682 024.
Defendants
M.K.Aboobacker (59 years years)
Moolayil house, Vazhakala village, Kakkanad, Kanayannur taluk, Ernakulam District, Kochi - 682 030.
M.K.Ummer (57 years years)
Moolayil house, Vazhakala village, Kakkanad, Kanayannur taluk, Ernakulam District, Kochi - 682 030.
M.K.Abdul Salam (46 years years)
Moolayil house, Vazhakala village, Kakkanad, Kanayannur taluk, Ernakulam District, Kochi - 682 030.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Interim prohibitory injunction restraining the respondents from obstructing the petitioners or the officers or workers of the Indian Oil Adani Gas Pvt. Ltd. or Kerala Water Authority in drawing gas pipeline and water pipeline through plaint B scheduled road.
Evidence:
Hence the petition is allowed. Petitioner is granted permission to carry out necessary works in plaint B schedule road as stated in the affidavit.
Documents & Evidence
Document Type:
G-pay Receipt
Submitted By:
Plaintiff
Relevance:
Printout of the G-pay receipt with transaction ID 512008439045 for the payment of Rs. 2,118/-.
Reference:
Ext.A1
Document Type:
G-pay Receipt
Submitted By:
Plaintiff
Relevance:
Printout of the G-pay receipt with transaction ID 512061939518 for the payment of Rs. 1,118/-.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the Assistant Engineer to the 1st plaintiff.
Reference:
Ext.A3
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Copy of the order in IA 1/25 in RSA 266/21 of Hon'ble High Court of Kerala.
Reference:
Ext.A4
Document Type:
Email Printout
Submitted By:
Plaintiff
Relevance:
Printout of the email along with certificate under section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Suresh Kumar.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs (5 nos) showing the actual state of affairs at the property.
Reference:
Ext.C1(a) series