Case Summary
The plaintiffs, R.Bahuleyan and B.Devarajan, are seeking a mandatory injunction against the defendants, Prasad.K, Bindhu, Perayam Grama Panchayath, and The Deputy Director of Panchayat, to demolish an unauthorized construction affecting their property. The defendants have constructed a thatched shop without permitted authorization.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to demolish unauthorized construction
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to demolish the unauthorized construction and granted the plaintiffs the right to recover costs from the defendants.
Why Plaintiff Won:
The plaintiffs successfully proved that the defendants constructed the unauthorized structure without necessary permits, violating the relevant laws.
The plaintiffs successfully proved that the defendants constructed the unauthorized structure without necessary permits, violating the relevant laws.
Losing Side's Weaknesses:
The plaintiffs successfully proved that the defendants constructed the unauthorized structure without necessary permits, violating the relevant laws.
The plaintiffs successfully proved that the defendants constructed the unauthorized structure without necessary permits, violating the relevant laws.
Supporting Evidence
All the requisites to invoke S.39 of the Specific Relief Act are present in this case and the Plaintiffs are entitled to the mandatory injunction, as sought for - to direct the Defendants to dismantle the constructions effected by encroaching into the public road.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants 1 and 2 are hereby directed to demolish and remove the plaint C schedule unauthorized construction within two months from the date of the judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- R.Bahuleyan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- B.Devarajan
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prasad.K
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindhu
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Perayam Grama Panchayath
- Relation
- represented by Secretary
- Party Role
- Defendant
- Party Name
- The Deputy Director of Panchayat
Plaintiffs Documents
Certified copy of plaint in OS. 425/19, Application under Right to Information Act, Photocopy of Suit notice, Postal Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Arun Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kundara Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to demolish and remove the unauthorized construction.
Evidence:
The defendants 1 and 2 are hereby directed to demolish and remove the plaint C schedule unauthorized construction within two months from the date of the judgment.
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
If the defendants failed to remove the construction, directing the 3rd defendant to demolish and remove the unauthorized construction.
Evidence:
If the defendants 1 and 2 did not remove the construction, then the 3rd defendant is directed to demolish and remove the plaint C schedule unauthorized construction as per Rules.
Relief Type:
Damages
Outcome:
Granted
Description:
Entitlement to costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise costs of the suit from the defendants 1 and 2.
Documents & Evidence
Document Type:
Certified copy of Plaint
Submitted By:
Plaintiff
Relevance:
Produced to support the plaintiffs' claims regarding the title and possession of the A schedule property.
Reference:
Ext.A1
Document Type:
Application under Right to Information Act
Submitted By:
Plaintiff
Relevance:
Produced to support the claim that no permit was granted for the construction.
Reference:
Ext.A2
Document Type:
Photocopy of Suit notice
Submitted By:
Plaintiff
Relevance:
Notice regarding the unauthorized construction sent to the defendants.
Reference:
Ext.A3
Document Type:
Photocopy of Suit notice
Submitted By:
Plaintiff
Relevance:
Additional notice regarding the unauthorized construction issued to the defendants.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt regarding previous notices sent to the defendants.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between R.Bahuleyan et al vs Prasad.K et al regarding Injunction
Case Code Year
Case between R.Bahuleyan et al vs Prasad.K et al regarding Injunction