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O.S. 107/2023

Case between Thomas Mathew K. vs State of Kerala et al regarding permanent prohibitory injunction.

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-10-31
Duration
approximately-2 years 1 month
Case Code No.
107
Case Closed
Fri, 10/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Tue, 10/31/2023 - 12:00
Case Closed
Fri, 10/31/2025 - 12:00
From
Mon, 09/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

State of Kerala

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