Case Summary
The plaintiff, Shanoj R, is seeking a permanent prohibitory injunction against the defendants, Joseph Augustin and Lenin Joseph, to prevent them from destroying a sacred serpent grove. The defendants had been allegedly trespassing and causing damage to the grove, which has been in existence for over 1000 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from destroying the Sarpakavu.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided unchallenged oral and documentary evidence establishing the importance of the Sarpakavu and the defendants' actions.
The plaintiff provided unchallenged oral and documentary evidence establishing the importance of the Sarpakavu and the defendants' actions.
Judgment Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from destroying the Sarpakavu situated in the plaint schedule property.
Parties Involved
Plaintiffs
Shanoj R (44 years years)
Vayakkara House, Balanpilla City, Udumbhanchola, Idukki- 685552
Defendants
Joseph Augustin (69 years years)
Puthenveettil House, Trikkakkara, Thoppil, Ernakulam, Cochin-21
Lenin Joseph (34 years years)
Puthenveettil House, Trikkakkara, Thoppil, Ernakulam, Cochin-21
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from destroying the Sarpakavu situated in the plaint schedule property.
Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from destroying the Sarpakavu situated in the plaint schedule property.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiffs.
Evidence:
2) Defendants are directed to pay costs of the suit to plaintiffs.
Documents & Evidence
Document Type:
Notarised copy of Trust deed
Submitted By:
Plaintiff
Relevance:
Ext A1 Trust deed would show that the trust is working for the welfare and day today activities of Kavu/Serpent groove.
Reference:
Ext.A1
Document Type:
Copy of minutes
Submitted By:
Plaintiff
Relevance:
Ext.A2 would show that the copy of the minutes dated 01.05.2020.
Reference:
Ext.A2
Document Type:
Notarised copy of Title deed
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the notarised copy of the Title deed of property comprised in Re.Sy.No.81/12 of Vazhakkala Village.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the tax receipt pertaining to the title deed of property.
Reference:
Ext.A4
Document Type:
Final report
Submitted By:
Plaintiff
Relevance:
Ext.A5 would show that the copy of the final report submitted by SHO, Thrikkakara police station in crime No.1936/2012 dated 18.03.2022.
Reference:
Ext.A5
Document Type:
Notarised copy of report from biodiversity board
Submitted By:
Plaintiff
Relevance:
Ext A6 would show that the claim in the plaint with respect to importance of kavu and relevance of its protection.
Reference:
Ext.A6