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
The court found that the Plaint B schedule pathway is a public road vested with the Cheranalloor Grama Panchayat. The suit was dismissed as the plaintiffs were not entitled to the reliefs sought.
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.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court found that the Plaint B schedule pathway has been vested upon the Cheranalloor Grama Panchayath.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.Thulaseedharan Pillai
- Party Age
- 71
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Francis Ashil A.M
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Felix Pulloodan
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajesh
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prof. Sourier Sebastian
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jerome
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rosely Shincy
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mariyan John
- Party Age
- 57
- Relation
- D/o
Plaintiffs Documents
Kerala Kaumudi daily publication, Various Sale deeds, Certificate by Secretary, Cheranalloor Grama Panchayath.
Defendants Documents
Various Sale deeds related to properties, Road Register of Cheranalloor Grama Panchayath.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.J.Kuriachan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sunil Jacob
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V.K.Isac
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arsha K.J
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aynosh Michael P.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Litto Palathingal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Robert Dias
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Judy Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Paul K Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Hybin Jose P.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jerin Roy
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between V.Thulaseedharan Pillai et al vs Prof. Sourier Sebastian et al regarding declaration and injunction
Case Code Year
Case between V.Thulaseedharan Pillai et al vs Prof. Sourier Sebastian et al regarding declaration and injunction