Case Summary
Rex Angelose filed a suit against the State of Kerala and several others seeking mandatory and prohibitory injunctions to prevent illegal obstruction of a canal affecting his property. The defendants include government officials and a private individual.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The suit was dismissed with costs as the plaintiff failed to prove his claims regarding the existence of the properties involved in the suit.
Key Reasoning:
The plaintiff could not establish the existence of the B and C schedule properties and failed to provide sufficient legal basis for his claims.
The plaintiff could not establish the existence of the B and C schedule properties and failed to provide sufficient legal basis for his claims.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff has failed to prove his title over the B schedule property and the existence of plaint B and C schedule properties.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rex Angelose
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- The Tahasildar, Kollam District
- Party Role
- Defendant
- Party Name
- The East Village Officer, Kollam District
- Party Role
- Defendant
- Party Name
- The Secretary, Kollam Corporation
- Party Role
- Defendant
- Party Name
- The Health Officer, Kollam Corporation
Plaintiffs Documents
Certified copy of Sale Deed No. 198/2013, Photograph and CD, Survey Plan, Power of Attorney
Defendants Documents
Receipt issued from Kollam Corporation, Sale Deed No. 895/2000, Land Tax Receipt, Possession Certificate, Compound Wall Permission Letter issued from Kollam Corporation.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Ram Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- D.Sathyapal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.Sajeev Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mini P. Daniel
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vidhya.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C.Vijayakumari
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff sought an order directing the 6th defendant to demolish the compound wall and reopen the canal.
Evidence:
Hence, the plaintiff is not entitled to a decree of mandatory injunction as prayed for.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought to restrain the defendants from causing damage to the B schedule property and blocking the C schedule property.
Evidence:
Thus, issue Nos. 3 and 4 are also found against the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Photograph and CD
Submitted By:
Plaintiff
Relevance:
Subject to proof, used to support the plaintiff's case.
Reference:
Ext.A2
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Sought to demonstrate the location of the properties in question.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document grants authority to the plaintiff's representative.
Reference:
Ext.A4
Document Type:
Receipt from Kollam Corporation
Submitted By:
Defendant
Relevance:
Used to show actions taken by the corporation regarding the plaintiff's property.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Establishes the 6th defendant's ownership and claims regarding the properties.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Supports the claim of the defendants regarding property ownership.
Reference:
Ext.B3
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Demonstrates the defendant's legal possession of their property.
Reference:
Ext.B4
Document Type:
Compound Wall Permission Letter
Submitted By:
Defendant
Relevance:
Used to confirm the legality of works undertaken by the defendant.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings on the property layout and issues raised in the suit.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Recorded findings and observations made during the commission.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of the property and conditions assessed.
Reference:
Ext.C1(b)
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Rex Angelose vs State of Kerala et al regarding Injunction
Case Code Year
Case between Rex Angelose vs State of Kerala et al regarding Injunction