Case Summary
The case involves plaintiff Sajai Kumar seeking a permanent prohibitory injunction against the defendants who are managing the Valia Koonambaikulam Sree Bhadrakali Temple. The plaintiff alleges that the defendants are engaging in unauthorized construction on government land.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The suit filed by the plaintiff for a permanent prohibitory injunction has been dismissed. The court found that the plaintiff failed to demonstrate the necessary legal grounds for the injunction sought.
Key Reasoning:
The defendants did not engage in illegal construction and the plaintiff failed to prove their allegations.
The defendants did not engage in illegal construction and the plaintiff failed to prove their allegations.
Why Defendant Won:
The defendants did not engage in illegal construction and the plaintiff failed to prove their allegations.
The defendants did not engage in illegal construction and the plaintiff failed to prove their allegations.
Supporting Evidence
The plaintiff fails to prove their allegation against the defendants. The case was found to be already decided by the Hon’ble High Court.
Judgment Evidence:
In the result, suit dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajai Kumar.A.G
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s.Valia Koonambaikulam Sree Bhadrakali Temple
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- S.Gopalakrishnan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.Baiju
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.Sundaresan
- Party Role
- Defendant
- Party Name
- D.Chandrasekharan
Plaintiffs Documents
Certified copy of Original Land Register of Re-sy 642/1-5 in Block 24 of Vadakkevila Village, Copy of Judgment in WP(c) 25943/2014 of the Hon’ble High Court of Kerala.
Defendants Documents
Attested copy of Original Land Register Re-Sy.No. 642/5 of Vadakkevila Village, Notice issued in connection with Temple Festival.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.I.Alexander Panicker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Sugathan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.Geetha
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Nisha L.Prakash
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sreelatha.S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Sought to restrain construction or reconstruction activities in the plaint schedule property.
Evidence:
Plaitiff fails to prove their allegation against the defendants.
Documents & Evidence
Document Type:
Certified copy of Original Land Register
Submitted By:
Plaintiff
Relevance:
Indicates the land ownership and its status related to the suit.
Reference:
Ext.A1
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
Contains relevant judicial instructions regarding unauthorized constructions.
Reference:
Ext.A2
Document Type:
A/d of District Collector, Tahsildar and Secretary
Submitted By:
Plaintiff
Relevance:
States the administrative stance regarding the land in question.
Reference:
Ext.A3 Series
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Noticed related to temple activities which is pertinent to the case.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Provides context regarding previous communications related to the property.
Reference:
Ext.A6
Document Type:
Copy of Order
Submitted By:
Plaintiff
Relevance:
Details prior court orders affecting the case.
Reference:
Ext.A7
Document Type:
Attested copy of Original Land Register
Submitted By:
Defendant
Relevance:
Shows the land status claimed by the defendants.
Reference:
Ext.B1
Document Type:
Notice issued in connection with Temple Festival
Submitted By:
Defendant
Relevance:
Relevant to the operations of the temple and its organizing bodies.
Reference:
Ext.B2
Document Type:
Valia Koonambaikulam Kshethra Trust scheme
Submitted By:
Defendant
Relevance:
Details the management structure of the temple.
Reference:
Ext.B3
Document Type:
General Meeting Notice
Submitted By:
Defendant
Relevance:
Records internal committee activities relevant to the temple's management.
Reference:
Ext.B4
Document Type:
Registration Certificate
Submitted By:
Defendant
Relevance:
Legal status of the temple management.
Reference:
Ext.B5
Document Type:
Notice of Temple Festival
Submitted By:
Defendant
Relevance:
Part of the temple's operational documentation.
Reference:
Ext.B7
Document Type:
Land register of Vadakkevila Village
Submitted By:
Defendant
Relevance:
Important evidence showing government land records.
Reference:
Ext.B19
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documents the physical state of the property under dispute.
Reference:
Ext.C1 series
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Sajai Kumar.A.G vs M/s.Valia Koonambaikulam Sree Bhadrakali Temple et al regarding Injunction
Case Code Year
Case between Sajai Kumar.A.G vs M/s.Valia Koonambaikulam Sree Bhadrakali Temple et al regarding Injunction