Case Summary
The plaintiffs, representing a drinking water project society, filed a suit against the defendants, a public irrigation project society, seeking a permanent prohibitory injunction to restrain them from drawing water from a specific pond. The dispute centers around the rights to draw water from a pond used by both parties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit has been dismissed in favor of the defendants, allowing them to draw water from the pond.
Key Reasoning:
The plaintiff failed to establish any exclusive rights over the property in question.
The plaintiff failed to establish any exclusive rights over the property in question.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Going through all these versions, it is seen that the plaintiff has failed to prove that the property was surrendered to the Uzhavoor Block Panchayath.
Judgment Evidence:
In the result: The suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikkathumala - kollappillimala Drinking Water Project
- Relation
- represented by its president
- Party Role
- Plaintiff
- Party Name
- Vaikkathumala - kollappillimala Drinking Water Project
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- Koodappulam Public Irrigation Project
- Party Age
- 55
- Relation
- represented by its President
- Party Role
- Defendant
- Party Name
- Koodappulam Public Irrigation Project
- Party Age
- 45
- Relation
- represented by its Secretary
Plaintiffs Documents
Certificate regarding the Registration of society, Photocopy of Byelaw of Vaikkathumala-Kollappillimala Drinking Water Project, Copy of decision dated 20.06.22 of committee of Vaikkathumala - Kollappillimala Drinking Water Project
Defendants Documents
Gift deed No. 415/1999 of Ramapuram SRO, Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun Appu Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K. R Sreenivasan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S. Rajesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a permanent prohibitory injunction against the defendant.
Evidence:
Hence, Issue No.1 is found against the plaintiff.
Documents & Evidence
Document Type:
Certificate regarding the Registration of society
Submitted By:
Plaintiff
Relevance:
Proves the registration of the plaintiff society.
Reference:
Ext.A1
Document Type:
Photocopy of Byelaw of Vaikkathumala-Kollappillimala Drinking Water Project
Submitted By:
Plaintiff
Relevance:
Outlines the governing rules of the plaintiff society.
Reference:
Ext.A2
Document Type:
Copy of decision dated 20.06.22 of committee of Vaikkathumala-Kollappillimala Drinking Water Project
Submitted By:
Plaintiff
Relevance:
Indicates the decision made by the plaintiff's committee to authorize filing the suit.
Reference:
Ext.A3
Document Type:
Electricity bill paid by plaintiff
Submitted By:
Plaintiff
Relevance:
Demonstrates payment for electricity used in the plaintiff's water supply system.
Reference:
Ext.A4
Document Type:
Letter No.C.633/17 issued from Block Panchayath Office, Uzhavoor
Submitted By:
Plaintiff
Relevance:
Relates to the context of funding for the plaintiff's project.
Reference:
Ext.A5
Document Type:
Gift deed No. 415/1999 of Ramapuram SRO
Submitted By:
Defendant
Relevance:
Establishes the ownership of the pond by the defendant.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Proves the payment of tax for the property by the defendant.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Further evidence of tax payments by the defendant.
Reference:
Ext.B3
Document Type:
Letter No.SC 2-200/22 of Ramapuram Grama Panchayath
Submitted By:
Defendant
Relevance:
Shows funding sanctioned for the defendant's water supply system.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Additional proof of tax payment by the defendant.
Reference:
Ext.B6
Document Type:
Receipt of electricity charges
Submitted By:
Defendant
Relevance:
Evidence of electricity bill payment by the defendant.
Reference:
Ext.B7
Document Type:
Reply No. 95/TDR/RI Act-4/2023/RPM according to RTI Act issued by Ramapuram Police Station
Submitted By:
Defendant
Relevance:
Relevant information obtained through an RTI query.
Reference:
Ext.B8
Document Type:
Commission Report fild by Commissioner
Submitted By:
Court
Relevance:
Provides findings relevant to the case by a court-appointed commissioner.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Vaikkathumala - kollappillimala Drinking Water Project vs Koodappulam Public Irrigation Project regarding permanent prohibitory injunction
Case Code Year
Case between Vaikkathumala - kollappillimala Drinking Water Project vs Koodappulam Public Irrigation Project regarding permanent prohibitory injunction