Case Summary
The plaintiffs, owners and residents of house plots in the Divine Nagar housing colony, seek a declaration that only they have the right to use internal roads constructed in the colony. They contend that the defendants, who reside in the adjoining area, are attempting to gain access to these roads. The case involves issues around property rights and access to shared spaces.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court held that the plaintiffs do not have exclusive rights to the internal roads which are deemed public.
The court held that the plaintiffs do not have exclusive rights to the internal roads which are deemed public.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Plaintiffs
V.Thulaseedharan Pillai (71 years years)
Krishna Thulasi, Divine Nagar, South Chittoor, Cheranalloor village Kanayannur taluk, Ernakulam District, Pin - 682 027.
Francis Ashil A.M (53 years years)
Azhikkakathu house, Divine nagar, South Chittoor, Cheranalloor village, Kanayannur taluk, Ernakulam District, Pin - 682 027.
Felix Pulloodan (61 years years)
Pullodan house, Divine nagar, South Chittoor, Cheranalloor village, Kanayannur taluk, Ernakulam District, Pin - 682 027.
Rajesh (48 years years)
Kanjirapparambil house, Divine nagar, South Chittoor, Cheranalloor village, Kanayannur taluk, Ernakulam District, Pin - 682 027.
Defendants
Prof. Sourier Sebastian (65 years years)
Soubhagyam, Divine Nagar Chittoor, Cheranalloor village, Kanayannur taluk, Ernakulam District, Pin - 682 027.
Jerome (58 years years)
Kanary house, Winners road, South Chittoor, Cheranalloor village, Kanayannur taluk, Ernakulam District, Pin - 682 027.
Rosely Shincy (60 years years)
Kanary house, Winners road, South Chittoor, Cheranalloor village, Kanayannur taluk, Ernakulam District, Pin - 682 027.
Mariyan John (57 years years)
Kanary House, Winners Road, South Chittoor, Cheranalloor village, Kanayannur taluk, Ernakulam District, Pin - 682 027.
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that only the owners and residents of plots within the property are entitled to use the internal roads.
Evidence:
The plaintiffs have no case that they are having ownership over plaint B schedule internal road of plaint A schedule property.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction against the defendants preventing access through the plots.
Evidence:
The plaintiffs cannot be said to be entitled for a decree of declaration as sought for.
Documents & Evidence
Document Type:
Newspaper Publication
Submitted By:
Plaintiff
Relevance:
Published notice regarding the case
Reference:
Ext.A1
Document Type:
Newspaper Page
Submitted By:
Plaintiff
Relevance:
Page from the Kerala Kaumudi daily showing the paper publication
Reference:
Ext.A1(a)
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Rough sketch of the plaint schedule properties
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Attested copy of Sale deed no. 95/04
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Attested copy of Sale deed no. 5153/12
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Attested copy of Sale deed no. 3351/05
Reference:
Ext.A5
Document Type:
By-Law
Submitted By:
Plaintiff
Relevance:
Copy of the Bye law of Divine Homes Residence Association
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued by Secretary, Cheranalloor Grama Panchayath
Reference:
Ext.A7
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
Reply letter issued under the Right to Information Act
Reference:
Ext.A8
Document Type:
Approved By-Law
Submitted By:
Defendant
Relevance:
Approved Bye-law of the Divine Homes Residents Association
Reference:
Ext.B1
Document Type:
Acknowledgment
Submitted By:
Defendant
Relevance:
Acknowledgment for receipt of money issued by District Registrar General
Reference:
Ext.B2
Document Type:
Office Bearers List
Submitted By:
Defendant
Relevance:
List of office bearers of the Executive Committee of Divine Homes Residents Association
Reference:
Ext.B2(a)
Document Type:
Annual Report
Submitted By:
Defendant
Relevance:
Annual Report of the Divine Homes Residents Association for the year 2021-2022
Reference:
Ext.B2(b)
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the Title deed no. 3944/97
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the Title deed no. 763/00
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the Title deed no. 674/01
Reference:
Ext.B5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the Title deed no. 4680/10
Reference:
Ext.B6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the Title deed no. 289/20
Reference:
Ext.B7
Document Type:
Executive Engineer Proceedings
Submitted By:
Defendant
Relevance:
Proceedings of the Executive Engineer
Reference:
Ext.B8
Document Type:
Bill
Submitted By:
Defendant
Relevance:
Bill issued by contractor
Reference:
Ext.B9
Document Type:
Contractor's Bills
Submitted By:
Defendant
Relevance:
Bill issued by contractor
Reference:
Ext.B9(a)
Document Type:
Contractor's Bills
Submitted By:
Defendant
Relevance:
Bill issued by contractor
Reference:
Ext.B9(b)
Document Type:
Contractor's Bills
Submitted By:
Defendant
Relevance:
List of contractors and the amount contributed
Reference:
Ext.B9(c)
Document Type:
Summary of Receipts
Submitted By:
Defendant
Relevance:
Summary of receipts
Reference:
Ext.B9(d)
Document Type:
Bill
Submitted By:
Defendant
Relevance:
Bill issued by KSEB
Reference:
Ext.B10
Document Type:
Proceedings
Submitted By:
Defendant
Relevance:
Proceedings of KSEB
Reference:
Ext.B10(a)
Document Type:
Proceedings
Submitted By:
Defendant
Relevance:
Proceedings of KSEB
Reference:
Ext.B10(b)
Document Type:
Quotation
Submitted By:
Defendant
Relevance:
Quotation issued by Apt Systems
Reference:
Ext.B12
Document Type:
Purchase Order
Submitted By:
Defendant
Relevance:
Purchase order issued against the quotation
Reference:
Ext.B12(a)
Document Type:
Invoice
Submitted By:
Defendant
Relevance:
Invoice bearing no. 42
Reference:
Ext.B13
Document Type:
Tax Invoice
Submitted By:
Defendant
Relevance:
Tax invoice no. 43
Reference:
Ext.B13(a)
Document Type:
Vouchers
Submitted By:
Defendant
Relevance:
Vouchers of street light servicing
Reference:
Ext.B14
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs of the Annual Day Celebration
Reference:
Ext.B16
Document Type:
Road Register
Submitted By:
Defendant
Relevance:
True copy of Road Register of Cheranalloor Grama Panchayath
Reference:
Ext.B26
Document Type:
RTI Reply
Submitted By:
Defendant
Relevance:
Reply letter issued by the Public Information Officer
Reference:
Ext.B27
Document Type:
Collector's Orders
Submitted By:
Defendant
Relevance:
Digitally signed order by District Collector
Reference:
Ext.B28
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by the advocate commissioner
Reference:
Ext.C1