Case Summary
The plaintiffs, Sivaraman Menon and Junaid, seek a permanent injunction against Maradu Municipality to prevent the removal of advertisement boards installed on their property. The Municipality alleges the boards are unauthorized and illegal, claiming the plaintiffs failed to comply with tax regulations.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs were unable to establish that the advertisement boards had been legally erected with proper permissions.
The plaintiffs were unable to establish that the advertisement boards had been legally erected with proper permissions.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Plaintiffs
Sivaraman Menon (92 years)
Narayanikaunji, Kundannur, Maradu, Kochi-682304, Maradu Village, Kanayannur Taluk
Junaid (18 years)
Kottilancheril House, Panangad, Kochi-682506
Defendants
Maradu Municipality (Age not specified years)
Municipality Office, Maradu
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent injunction to prevent the Municipality from dismantling the advertisement boards.
Evidence:
Hence this court is satisfied that plaintiffs failed to prove their case and therefore issue no 3 is found against the plaintiff.
Documents & Evidence
Document Type:
Special Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the 1st plaintiff in favor of Mr. Prasad K R.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of partition deed no. 2952/76 of SRO, Tripunithura.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of tax receipt no. KL07021406638/2018 issued from Maradu Village Office.
Reference:
Ext.A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt issued from Maradu Municipality.
Reference:
Ext.A4
Document Type:
Electricity Charges Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued from KSEB to the 1st plaintiff for the payment of electricity charges of Rs. 6,295/-.
Reference:
Ext.A5
Document Type:
Advertisement Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued from Maradu Grama Panchayat for the payment of Rs. 3,000/- as advertisement tax.
Reference:
Ext.A6
Document Type:
Advertisement Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for Rs. 3,600/- paid as advertisement tax issued from Maradu Grama Panchayat.
Reference:
Ext.A7
Document Type:
Advertisement Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for Rs. 9,000/- paid as advertisement tax issued from Maradu Grama Panchayat.
Reference:
Ext.A8
Document Type:
Advertisement Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for Rs. 41,600/- paid as advertisement tax issued from Maradu Grama Panchayat.
Reference:
Ext.A9
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photographs relevant to the case.
Reference:
Ext.A10
Document Type:
Copy of Proceedings
Submitted By:
Defendant
Relevance:
Copy of proceedings no. A5-1975/12 of District Collector, Ernakulam.
Reference:
Ext.B1
Document Type:
Copy of circular
Submitted By:
Defendant
Relevance:
Copy of Circular no. R.C. 2/41/2018.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Sincey A H.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs filed along with Commission Report.
Reference:
Ext.C1(a) to C1(e)