Case Summary
The case involves The Travancore Devaswom Board and its Assistant Commissioner as petitioners seeking a permanent prohibitory injunction against Mundaakayam Grama Panchayath. The dispute concerns alleged trespassing and unauthorized construction on temple property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order to maintain status quo on the plaint schedule property
Case Type
Civil Suit
Final Judgment
No
The court disposed of the application directing both parties to maintain status quo concerning the property in question as noted by the commissioner.
Why Plaintiff Won:
The court recognized the historical claims and property rights of the Travancore Devaswom Board.
The court recognized the historical claims and property rights of the Travancore Devaswom Board.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The first petitioner is the Travancore Devaswom Board and second petitioner is the Assistant Commissioner of Mundakkayam group of the first petitioner Board, who represents the first petitioner. The properties coming under the Panchayath are used for public infrastructure, development, welfare purposes etc. The court found that the identification of properties is highly necessary.
Judgment Evidence:
In the result, the IA is disposed of directing both parties to keep status quo with respect to plaint schedule property, as noted by the commissioner in IA 02/2022.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Travancore Devaswom Board
- Party Role
- Plaintiff
- Party Name
- Assistant Devaswom Commissioner
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mundaakayam Grama Panchayath
- Relation
- represented by Secretary
Plaintiffs Documents
Settlement Register, Devaswom Board Register, Copy of notice issued to Mundakayam Grama Panchayath Secretary, Acknowledgment Receipt, Copy of the Order of the Special Tahsildar, Thiruvithamcore, Devaswom Board
Defendants Documents
Certified copy of Sale Deed No. 1982/1972 of Kanjirappally SRO, Letter from the Village Officer Mundakayam to the Secretary, Mundakayam Grama Panchayath, Possession Certificate No. 2154/2019 of Village Officer Mundakayam
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Aji R. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Haris K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To keep status quo with respect to plaint schedule property.
Evidence:
The court is of the view that an order of status quo as noted by the commissioner would be just and proper.
Documents & Evidence
Document Type:
Settlement register
Submitted By:
Plaintiff
Relevance:
Produced to show possession of land in the old survey.
Reference:
Ext.A1
Document Type:
Devaswom Board Register
Submitted By:
Plaintiff
Relevance:
Produced to show possession of 11.76 acres of land.
Reference:
Ext.A2
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the Panchayath regarding construction.
Reference:
Ext.A3
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the notice issued.
Reference:
Ext.A4
Document Type:
Copy of the Order of the Special Tahsildar
Submitted By:
Plaintiff
Relevance:
Order showing the land belongs to the Devaswom Board.
Reference:
Ext.A5
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Shows the defendant's claim to the property.
Reference:
Ext.B1
Document Type:
Letter from the Village Officer
Submitted By:
Defendant
Relevance:
Shows possession of property by the Panchayat.
Reference:
Ext.B2
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Certificate showing the Panchayat's possession.
Reference:
Ext.B3
Document Type:
Mahazar prepared by Commissioner
Submitted By:
Court
Relevance:
Marked for reference regarding the status of properties.
Reference:
Ext.C1
Document Type:
Sketch prepared by Commissioner
Submitted By:
Court
Relevance:
Marked for reference regarding the status of properties.
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
Unauthorized occupation
Case Code
O.S
Case Code Year
2022