Case Summary
The case involves the Vasanth Nagar Allottees Association, represented by its Secretary Jacob Thomas, who are seeking a permanent prohibitory injunction and mandatory injunction against the Kerala State Housing Board. The plaintiff claims that the Board is unlawfully encroaching on their property and has damaged their fencing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction
Case Type
Civil Suit
Final Judgment
No
The court has decreed a permanent prohibitory injunction restraining the defendant from undertaking actions that are detrimental to the plaintiff Association's rights over the property. Additionally, the court has granted a mandatory injunction directing the defendant to restore the fencing on the property.
Why Plaintiff Won:
The plaintiff successfully established ownership and possession of the property in question, and the defendant failed to present a valid defense.
The plaintiff successfully established ownership and possession of the property in question, and the defendant failed to present a valid defense.
Losing Side's Weaknesses:
The plaintiff successfully established ownership and possession of the property in question, and the defendant failed to present a valid defense.
The plaintiff successfully established ownership and possession of the property in question, and the defendant failed to present a valid defense.
Supporting Evidence
From the uncontested evidence of PW1, it is seen that the case of the plaintiff stands proved. The permanent prohibitory injunction sought for is to restrain the Defendant Board, its officials, its men and agents from cutting and removing the Plaint B Schedule fencing and from undertaking any acts which are detrimental to the plaintiff Association's right, interest and possession over the Plaint A Schedule Property.
Judgment Evidence:
In the result, the suit is decreed as follows: i.A decree of permanent prohibitory injunction is passed restraining the defendant, its men and agents from undertaking any acts which are detrimental to the plaintiff Association's right, interest and possession over the Plaint A Schedule Property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vasanth Nagar Allottees Association
- Party Role
- Plaintiff
- Party Name
- Jacob Thomas
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kerala State Housing Board
- Relation
- duly represented by its Executive Engineer
Plaintiffs Documents
True copy of the Kerala State Housing Board Regulations, 2000; True copy of Sale Deed bearing No. 520/2013; True copy of Tax Paid Receipt; True copy of Notice bearing No. DB3 -878/08 EKM; True copy of Reply Letter; True copy of letter No. DB1-300/GL; True copy of Letter No: DB3 -598/2015; True copy of the Complaint submitted before Circle Inspector of Police, Palarivattom; True copy of the Receipt; True copy of Tax Receipt; True copy of Tax Receipt; True copy of the letter bearing No. DB3 – 598/2015; True copy of Notice; Photocopy of the request letter for adjournment; True copy of the Notice; Reply letter; True copy of Order in WP(c) No. 28866/2023; Copy of Order in WP(c)No. 26866/23; Copy of Order in WP(c)No. 26866/23; Copy of Order in WP(c)No. 26866/23; Copy of Order in WP(c)No. 26866/23; Copy of Order in I.A No. 4/2024 in WP(c)No. 26866/23; Copy of Order in I.A No. 6/2024 in WP(c)No. 26866/23; Copy of Order in WP(c)No. 26866/23; Copy of Order in WP(c)No. 26866/23
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthika S. Varma
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. B Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from undertaking any acts detrimental to the Plaintiff Association's rights over the Plaint A Schedule Property.
Evidence:
a permanent prohibitory injunction is granted restraining the defendant from undertaking any acts which are detrimental to the plaintiff Association’s right, interest and possession of the plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to restore the Plaint B schedule property to its original position.
Evidence:
a decree of mandatory injunction is granted directing the defendant and its officials to restore the plaint B schedule property to its original position as had been noted by the advocate commissioner in the Exhibit C1.
Documents & Evidence
Document Type:
True copy of the Kerala State Housing Board Regulations, 2000
Submitted By:
Plaintiff
Relevance:
This document is related to the formation of the Allottees Association under the housing scheme.
Reference:
Ext.A1
Document Type:
True copy of Sale Deed bearing No. 520/2013
Submitted By:
Plaintiff
Relevance:
This sale deed details the purchase of a property by a member of the Plaintiff Association.
Reference:
Ext.A2
Document Type:
True copy of Tax Paid Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of financial obligation related to the property.
Reference:
Ext.A3
Document Type:
True copy of Notice bearing No. DB3 -878/08 EKM
Submitted By:
Plaintiff
Relevance:
This notice was issued by the Defendant Board concerning alleged trespass.
Reference:
Ext.A4
Document Type:
True copy of Reply Letter
Submitted By:
Plaintiff
Relevance:
This letter was a response to the notice issued by the Defendant Board.
Reference:
Ext.A5
Document Type:
True copy of letter No. DB1-300/GL
Submitted By:
Plaintiff
Relevance:
This letter pertains to communication between the Plaintiff Association and the Defendant Board.
Reference:
Ext.A6
Document Type:
True copy of Letter No: DB3 -598/2015
Submitted By:
Plaintiff
Relevance:
This letter is a part of the communication relevant to the case.
Reference:
Ext.A7
Document Type:
True copy of the Complaint submitted before Circle Inspector of Police, Palarivattom
Submitted By:
Plaintiff
Relevance:
This complaint is related to the dispute about the property.
Reference:
Ext.A8
Document Type:
True copy of the Receipt
Submitted By:
Plaintiff
Relevance:
This document supports a claim of financial transaction associated with the property.
Reference:
Ext.A9
Document Type:
True copy of Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms the payment of taxes relevant to the disputed property.
Reference:
Ext.A10
Document Type:
True copy of Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt is part of the financial records for the property in question.
Reference:
Ext.A11
Document Type:
True copy of the letter bearing No. DB3 – 598/2015
Submitted By:
Plaintiff
Relevance:
This letter is essential for understanding the communications with the Defendant Board.
Reference:
Ext.A12
Document Type:
True copy of Notice
Submitted By:
Plaintiff
Relevance:
This notice pertains to earlier communications and actions in the case.
Reference:
Ext.A13
Document Type:
Photocopy of the request letter for adjournment
Submitted By:
Plaintiff
Relevance:
This letter is related to procedural aspects of the case.
Reference:
Ext.A14
Document Type:
True copy of the Notice
Submitted By:
Plaintiff
Relevance:
This document is part of the ongoing communication relevant to the case.
Reference:
Ext.A15
Document Type:
Reply letter
Submitted By:
Plaintiff
Relevance:
This is a response to previous allegations made by the Defendant Board.
Reference:
Ext.A16
Document Type:
Commission Report filed by Adv. Jyothy K
Submitted By:
Court
Relevance:
This report was vital for the inspection of the property in question.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photographs were part of the evidence presented during court proceedings.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Vasanth Nagar Allottees Association vs Kerala State Housing Board regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Vasanth Nagar Allottees Association vs Kerala State Housing Board regarding permanent prohibitory injunction and mandatory injunction