Case Summary
Thomas Mathew K. filed a suit against the State of Kerala and others seeking a permanent prohibitory injunction. The plaintiff contends that the defendants attempted to trespass on his property for road widening without proper consent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree of permanent prohibitory injunction preventing the defendants from trespassing on the plaintiff's property. The plaintiff successfully proved ownership and possession.
Why Plaintiff Won:
The plaintiff established ownership and possession of the property and demonstrated that the defendants attempted to encroach upon it.
The plaintiff established ownership and possession of the property and demonstrated that the defendants attempted to encroach upon it.
Losing Side's Weaknesses:
The plaintiff established ownership and possession of the property and demonstrated that the defendants attempted to encroach upon it.
The plaintiff established ownership and possession of the property and demonstrated that the defendants attempted to encroach upon it.
Supporting Evidence
The evidence of PW1 would show that the officials under the defendants 1 to 3 trespassed on the plaint schedule property, without having their permission.
Judgment Evidence:
In the result, the suit is decreed as follows; 1 A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on the plaint schedule property for widening the Kanjirappally-Manimala road.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas Mathew K.
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Assistant Executive Engineer, P.W.D. Roads Division
- Party Role
- Defendant
- Party Name
- Kerala Road Fund Board
- Relation
- represented by
Plaintiffs Documents
Certified copy of Gift deed No. 672/2005, Tax receipt Thandaper No. 6290, Building Tax Receipt No. 6056811005199, Building Tax Receipt No. 6056811005201.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benny Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B. Bijoy
- Appearance Type
- Government Pleader
- Law Firm
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Decree of permanent prohibitory injunction restraining the defendants from trespassing on the plaint schedule property.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on the plaint schedule property for widening the Kanjirappally-Manimala road.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed No. 672/2005 showing the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating the payment of property tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt for another aspect of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by the Commissioner documenting the physical state of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the Commissioner showing the layout and boundaries of the plaint schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S.
Case Code Year
2023