Case Summary
This case involves a suit for permanent prohibitory injunction filed by the plaintiffs against the defendant for conducting activities causing sound pollution and nuisance. The plaintiffs, who are immediate neighbors, have alleged continuous noise disturbances despite their complaints to authorities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from conducting any prayer meetings or related activities causing nuisance or sound pollution without necessary permission.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting them a permanent prohibitory injunction restraining the defendant from conducting any prayer meetings or related activities without necessary permission. The plaintiffs are also entitled to the costs of the suit.
Why Plaintiff Won:
The plaintiffs proved their cause of action with evidence showing continuous noise disturbances and lack of permission from competent authorities.
The plaintiffs proved their cause of action with evidence showing continuous noise disturbances and lack of permission from competent authorities.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 and Exhibits A2 to A4 show that the defendant conducted prayer meetings and activities causing sound disturbance. The court confirms the plaintiffs' claims and cites violations of orders from the Sub Divisional Magistrate.
Judgment Evidence:
In the result; the suit is decreed as follows: 1. The defendant is restrained by a permanent prohibitory injunction from conducting any prayer meetings or related activities in the plaint schedule property causing nuisance or sound pollution without obtaining necessary permission from competent authorities.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sijo P Chacko
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Raju C Abraham
- Party Age
- 72
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Varghese, Joseph
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nimmy Sijo
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Santhosh Baby
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Clement Joseph Varney
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 is a copy of a complaint given to the District Collector, Kottayam, by Emmanuel Joseph. Exhibit A2 is a copy of a complaint given by Sara and Sanju. Exhibit A3 is the letter forwarded to the Puthuppally Grama Panchayat Secretary. Exhibit A4 is the conditional order of the Sub Divisional Magistrate dated 17.01.2023 under Section 133 CrPC regarding sound pollution caused by the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Anil D Kartha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction restraining the defendant from conducting activities causing sound pollution.
Evidence:
the plaintiffs are entitled to a permanent prohibitory injunction restraining the defendant from conducting such activities without permission from competent authorities.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs of the suit.
Evidence:
The plaintiffs are entitled to costs of the suit.
Documents & Evidence
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
A complaint given to the District Collector regarding sound pollution caused by the defendant.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
A complaint given to the District Collector regarding sound pollution caused by the defendant.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
A letter from the District Collector to the Secretary of Puthuppally Grama Panchayat regarding the issue.
Reference:
Ext.A3
Document Type:
Conditional Order
Submitted By:
Plaintiff
Relevance:
The conditional order issued by the Sub Divisional Magistrate regarding sound pollution caused by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Nuisance
Case Code
Case between Sijo P Chacko et al vs Santhosh Baby et al regarding permanent prohibitory injunction
Case Code Year
Case between Sijo P Chacko et al vs Santhosh Baby et al regarding permanent prohibitory injunction