Case between Penta Tower Owners Association vs Assistant Executive Engineer, Public Works Department - Roads et al regarding mandatory injunction for access to property.

Case Summary

Penta Tower Owners Association filed a petition against the Public Works Department officials for a mandatory injunction to remove obstructions that impede access to their property. The court found that the petitioners were likely to suffer irreparable harm due to the obstruction.

Judgment Outcome

Plaintiff Won

Interim Order

The court ordered the removal of handrails interfering with access to the plaintiff's property and required the defendants to create three access points as previously mandated.

Judgment Favored

Plaintiff

Relief Granted

Directing the respondents to remove the handrails and provide three access points to A schedule having a width of 6 meters.

Case Type

Civil Suit

Final Judgment

No

Why Plaintiff Won:
The petitioners proved a strong prima facie case in their favour and showed that the balance of convenience favored granting relief.

Judgment Evidence:

In the result, petition is allowed as follows: 1) The respondents are directed to remove the hand rails on the sides of C schedule footpath to provide 3 access points to A schedule having a width of 6 meters with a period of two months failing which the petitioners can remove the same without causing any destruction to the rest of the handrails and footpath.

Parties Involved

Plaintiffs

Penta Tower Owners Association (Age not specified years) 2ⁿᵈ Floor, Penta Tower, Kaloor, Kochi, Pin 682 017 Abraham K M (79 years) Advocate, PNRA 119, Ponoth Lane, Kaloor, Kochi - 17

Defendants

Assistant Executive Engineer, Public Works Department - Roads (Age not specified years) NGO Quarters, Kakkanad, Pin - 682 030 Assistant Engineer, Public Works Department - Roads (Age not specified years) NGO Quarters, Kakkanad, Pin - 682 030 State of Kerala (Age not specified years) represented by Secretary, Public Works Department, Government Secretariat, Trivandrum - 695 001

Reliefs

Relief Type: Mandatory Injunction

Outcome: Granted

Description:

To remove the handrails on the sides of C schedule footpath and provide three access points to A schedule property.

Evidence:

In the result, petition is allowed as follows: 1) The respondents are directed to remove the hand rails on the sides of C schedule footpath to provide 3 access points to A schedule having a width of 6 meters with a period of two months...

Documents & Evidence

Document Type: Commission Report

Submitted By: Court

Relevance:

Used to assess the compliance with previous court orders regarding access points.

Reference:

Ext.C1

Document Type: Commission report and Photographs

Submitted By: Court

Relevance:

Provided evidence of the offending handrails obstructing access.

Reference:

Ext.C2 (Series)