Case Summary
The plaintiff, Olive Builders and Developers Pvt. Ltd., sought a permanent injunction against the defendants, who aim to protest outside their office. The defendants, members of the Olive Courtyard Owners Association, accused the plaintiff of failing to maintain sewage treatment plants and misleading customers.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The court issued a permanent injunction preventing the defendants from holding any protest meetings or gatherings in or around the plaintiff's property.
Why Plaintiff Won:
The plaintiff established that the defendants had no right to protest that would adversely affect their reputation.
The plaintiff established that the defendants had no right to protest that would adversely affect their reputation.
Losing Side's Weaknesses:
The plaintiff established that the defendants had no right to protest that would adversely affect their reputation.
The plaintiff established that the defendants had no right to protest that would adversely affect their reputation.
Supporting Evidence
The freedom of expression of defendants should in no way act detrimental to the right of reputation as well as the right to conduct business of the plaintiffs.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendants and their men are restrained from holding any protest meeting, or gathering in or around the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Olive Builders and Developers Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Olive Courtyard Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abey Sam
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Harikrishnan U
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh Koshy George
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P M A Rasheed
- Party Age
- 70
- Relation
- Father’s name not known to the plaintiff
Plaintiffs Documents
Consent to establish issued by the Kerala State Pollution Control Board, Integration Consent to operate issued by the Kerala State Pollution Control Board, Email communications circulated among the members of Olive Courtyard Owners Association.
Defendants Documents
Copy of Sale agreement entered into between the Plaintiff and the 4th Defendant, Copy of Order in WP(c) No. 21256/2018 of Hon’ble High Court of Kerala.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K S Bharathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alphin Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aadithyan S Mannali
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Visakh Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rance R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hasna Nazar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Blaze K Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jacob Mathew Manalil
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Priya Elizabeth Babu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P R Milton
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from holding any protest meeting, or gathering in or around the plaint schedule property.
Evidence:
The plaintiff has established his case and is entitled for a decree of permanent prohibitory injunction against defendant restraining from holding any protest meeting, or gathering in or around the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Consent to Establish
Submitted By:
Plaintiff
Relevance:
Issued by the Kerala State Pollution Control Board regarding the Sewage Treatment Plant.
Reference:
Ext.A1
Document Type:
Integrated Consent to operate
Submitted By:
Plaintiff
Relevance:
Issued by the Kerala State Pollution Control Board for the Sewage Treatment Plant.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Issued by the Kerala State Human Rights Commission regarding a complaint involving the plaintiff.
Reference:
Ext.A3
Document Type:
Consent to Establish
Submitted By:
Plaintiff
Relevance:
Issued by the Kerala State Pollution Control Board regarding the new STP.
Reference:
Ext.A4
Document Type:
Email communications
Submitted By:
Plaintiff
Relevance:
Circulated among members of the Olive Courtyard Owners Association regarding the protest.
Reference:
Ext.A5
Document Type:
Copy of sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the title deed for the plaint schedule property.
Reference:
Ext.A6
Document Type:
Copy of Building permit
Submitted By:
Plaintiff
Relevance:
Issued from Thrikkakara Grama Panchayat for the construction.
Reference:
Ext.A7
Document Type:
Consent to operate/authorisation/registration
Submitted By:
Plaintiff
Relevance:
Issued by the Kerala State Pollution Control Board for the STP.
Reference:
Ext.A8
Document Type:
Integrated Consent to Operate-Renewal
Submitted By:
Plaintiff
Relevance:
Issued by the Kerala State Pollution Control Board for the STP.
Reference:
Ext.A9
Document Type:
Copy of Sale Agreement
Submitted By:
Defendant
Relevance:
Entered into between the Plaintiff and the 4th Defendant.
Reference:
Ext.B1
Document Type:
Copy of Order
Submitted By:
Defendant
Relevance:
Order in WP(c) No. 21256/2018 of Hon’ble High Court of Kerala.
Reference:
Ext.B2
Document Type:
Copy of Order
Submitted By:
Defendant
Relevance:
Order in WP(c) No. 21256/2018 of Hon’ble High Court of Kerala.
Reference:
Ext.B3
Document Type:
Copy of sale deed
Submitted By:
Defendant
Relevance:
Made by M/s Olive Builders.
Reference:
Ext.B4
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
General manager of the plaintiff company was examined as PW1.
Reference:
Document Type:
Oral Evidence
Submitted By:
Defendant
Relevance:
4th defendant was examined as DW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Olive Builders and Developers Pvt. Ltd. vs Olive Courtyard Owners Association et al regarding permanent prohibitory injunction
Case Code Year
Case between Olive Builders and Developers Pvt. Ltd. vs Olive Courtyard Owners Association et al regarding permanent prohibitory injunction