Case Summary
The plaintiff, Soby T. Andrews, represented by his mother, filed a suit against the State of Kerala and several officials regarding trees affecting access to his property. The case revolves around the demand to remove trees that inhibit vehicular access and threaten his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to cut and remove the tree standing on the north-western side of the gate.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, directing the defendants to cut and remove the tree standing on the north-western side of the gate of the plaint schedule property.
Why Plaintiff Won:
The plaintiff established that the trees standing on either side of the gate would cause nuisance and disturbance to the peaceful enjoyment of the plaint schedule property.
The plaintiff established that the trees standing on either side of the gate would cause nuisance and disturbance to the peaceful enjoyment of the plaint schedule property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On an overall analysis of the entire evidence on record, it can be held that the plaintiff could establish that the trees standing on either side of the gate would cause nuisance and disturbance to the peaceful enjoyment of the plaint schedule property and also would create hindrance to enter into the plaint schedule property through the gate erected on the western compound wall.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants are directed to cut and remove the tree standing on the north-western side of the gate of the entire plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Soby T Andrews
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sosamma Andrews
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Tahsilldar, Kottayam Taluk Office
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Assistant Executive Engineer, PWD Road Division
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Village Officer, Panachikkadu Village
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Assistant Conservator of Forest, Social Forestry Department
- Relation
- Represented by
Plaintiffs Documents
A1 09.07.2019 Power of Attorney, A2 16.12.2013 Copy of Sale Deed no. 2148/2013, A3 17.05.2019 Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Binoy Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sabu K
- Appearance Type
- Government Pleader
- Law Firm
- Addl. Govt. Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Directing the defendants to cut and remove the tree standing on the north-western side of the gate.
Evidence:
The defendants are directed to cut and remove the tree standing on the north-western side of the gate of the entire plaint schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Prohibiting defendants from planting further trees in front of the plaintiff's gate.
Evidence:
The defendants shall not further plant any tree in front of the gate of the plaintiff.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document executed by the plaintiff to authorize PW1 to conduct the case.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 2148/2013 establishing plaintiff's ownership.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Receipt indicating plaintiff's payment of tax on the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report from Advocate Commissioner inspecting the plaint schedule property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second report by Advocate Commissioner detailing the condition of the trees and property.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Soby T Andrews et al vs State of Kerala et al regarding Permanent Prohibitory injunction and mandatory injunction
Case Code Year
Case between Soby T Andrews et al vs State of Kerala et al regarding Permanent Prohibitory injunction and mandatory injunction