Case Summary
The plaintiffs, Shinu, Sini, and Kamalamma, are seeking an injunction against the defendants, Harinathan, Anu, and Satheesh, concerning their rights over a pathway. The plaintiffs claim ownership and express concerns over the defendants' actions to pave the pathway.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' petition for injunction, finding that the plaintiffs had no prima facie case.
Key Reasoning:
The plaintiffs did not prove their right over the plaint B schedule pathway, which was determined to be public land.
The plaintiffs did not prove their right over the plaint B schedule pathway, which was determined to be public land.
Why Defendant Won:
The plaintiffs did not prove their right over the plaint B schedule pathway, which was determined to be public land.
The plaintiffs did not prove their right over the plaint B schedule pathway, which was determined to be public land.
Supporting Evidence
The plaintiffs cannot claim any independent right over a government land. The order of IA 04/2023 acts as res-judicata.
Judgment Evidence:
In the result, this petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shinu
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sini
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kamalamma
- Party Age
- 74
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Harinathan
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anu
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Satheesh
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dilsha Rani
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Notice issued by Kollam Corporation, Reply issued by state Public Information Officer and Superintendent, RDO, Office, Kollam.
Defendants Documents
Basic Tax Register.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I. Soufiuar & Muraleedharan Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Usha Devi. K.C. & Premachandran P.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Temporary injunction to restrain defendants from paving in the plaint B schedule pathway.
Evidence:
In such circumstances, I am not inclined to allow the petition.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by Kollam Corporation regarding the plaint property.
Reference:
Ext.A1
Document Type:
Reply under RTI
Submitted By:
Plaintiff
Relevance:
Reply issued by the state Public Information Officer regarding the plaint property.
Reference:
Ext.A2
Document Type:
Basic Tax Register
Submitted By:
Defendant
Relevance:
Basic tax register showing the property as a public way.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and related documents prepared and submitted by the Adv.Commissioner.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS
Case Code Year
2021