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
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.
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
Plaintiffs
Olive Builders and Developers Pvt. Ltd. (Age not specified years)
103-104 J.K. Chambers, Sector 70, Vashi, Navi Mumbai, 400 703
Defendants
Olive Courtyard Owners Association (Age not specified years)
3 A, DULCET, Olive Courtyard, Opposite Info Park, Kakkanad, Thengode P O, Ernakulam 682030
Abey Sam (54 years)
3 A, Dulcet, Olive Courtyard, Opposite Infopark, Kakkanad, Thengode P O, Ernakulam 682030
Harikrishnan U (32 years)
13 B, Alaska, Olive Courtyard, Opposite Infopark, Kakkanad, Thengode P O, Ernakulam 682030
Suresh Koshy George (60 years)
Villa No. 6, Olive Courtyard, Opposite Infopark, Kakkanad, Thengode P O, Ernakulam 682030
P M A Rasheed (70 years)
5 A, Alaska, Olive Courtyard, Opposite Infopark, Kakkanad, Thengode P O, Ernakulam 682030
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: