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O.S 348/2022

Case between The Travancore Devaswom Board et al vs Mundaakayam Grama Panchayath regarding permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-01-21
Duration
approximately-3 years
Case Code No.
348
Case Closed
Tue, 01/21/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court disposed of the application directing both parties to maintain status quo concerning the property in question as noted by the commissioner.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kanjirappally Taluk, Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Sat, 01/01/2022 - 12:00
Case Closed
Tue, 01/21/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
75%

Involved Entities

Government

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