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OS No.352/2024

Case between M/s. Manju Industries et al vs Varghese et al regarding temporary injunction for operation of metal crusher unit

Court
IN THE COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Sumey Chandran
Order Date
2025-07-16
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M/s. Manju Industries filed a petition seeking a temporary injunction against Varghese and others to restrain them from obstructing the lawful operation of their metal crusher unit. The respondents allege that the unit contravenes environmental regulations, affecting local residents.

Judgment Outcome

Defendant Won
Interim Order
The court found that the petitioners failed to demonstrate a prima facie case, as their operations contravened environmental regulations. The petition was dismissed, and no costs were awarded.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the petitioners failed to demonstrate a prima facie case, as their operations contravened environmental regulations. The petition was dismissed, and no costs were awarded.
Key Reasoning:
The respondents provided substantial evidence indicating that the petitioner’s operations were causing significant harm to local residents and violated environmental norms.
Why Defendant Won:
The respondents provided substantial evidence indicating that the petitioner’s operations were causing significant harm to local residents and violated environmental norms.
Supporting Evidence
The petitioner has failed to make out a prima facie case. The continued operation of the crusher unit in contravention of environmental and other norms, renders its functioning prima facie unlawful.

Judgment Evidence:

In the result, this petition is dismissed. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M/s. Manju Industries
Party Role
Plaintiff
Party Name
K K Issac
Relation
S/o
Party Role
Plaintiff
Party Name
Lissy
Relation
W/o
Party Role
Plaintiff
Party Name
Eldho Issac
Relation
S/o
Party Role
Plaintiff
Party Name
Lincy Issac
Relation
D/o
Party Role
Defendant
Party Name
Varghese
Relation
S/o
Party Role
Defendant
Party Name
Liji
Relation
W/o
Party Role
Defendant
Party Name
V D Sujith
Relation
S/o
Party Role
Defendant
Party Name
M P Subhash
Relation
S/o
Party Role
Defendant
Party Name
C N Mohanan
Relation
S/o
Plaintiffs Documents
Various sale deeds, license from Koovappady Grama Panchayath, integrated consent to operate, no-objection certificate.
Defendants Documents
Copy of the plaint in OS.336/24, copy of the commission report in OS.336/24.

Advocates

Party Role
Plaintiff
Advocate Name
P. T. Geevarghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rohan Roy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sunjay S.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
G Santhosh Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P K Baiju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jaji Issac
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Kalyani G Menon
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
Temporary injunction restraining the respondents from causing obstruction to the lawful operation of a metal crusher unit.
Evidence:
The petitioner has failed to make out a prima facie case.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of the Sale Deed No. 5267/05 of SRO, Perumbavoor.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of the Sale Deed No. 2180/05 of SRO, Perumbavoor.
Reference:
Ext.A2
Document Type: Court Order
Submitted By: Plaintiff
Relevance:
Copy of the order in WP(C)12753/24 of Hon’ble High Court of Kerala.
Reference:
Ext.A3
Document Type: License
Submitted By: Plaintiff
Relevance:
Copy of the licence from Koovappady Grama Panchayath.
Reference:
Ext.A4
Document Type: Integrated Consent
Submitted By: Plaintiff
Relevance:
Copy of the integrated consent to operate – renewal.
Reference:
Ext.A5
Document Type: No Objection Certificate
Submitted By: Plaintiff
Relevance:
Copy of the No objection certificate.
Reference:
Ext.A6
Document Type: License
Submitted By: Plaintiff
Relevance:
Copy of the licence granted to Sri. Issac K K from Department of Factories and Boilers submitted on 06/12/24.
Reference:
Ext.A7
Document Type: Acknowledgement of Registration
Submitted By: Plaintiff
Relevance:
Copy of the acknowledgement of Registration of Firms.
Reference:
Ext.A8
Document Type: Pen Drive
Submitted By: Plaintiff
Relevance:
Pen Drive submitted on 06/12/24.
Reference:
Ext.A9
Document Type: Plaint
Submitted By: Defendant
Relevance:
Copy of the plaint in OS.336/24 of Munsiff’s Court, Perumbavoor.
Reference:
Ext.B1
Document Type: Commission Report
Submitted By: Defendant
Relevance:
Copy of the commission report in OS.336/24 of Munsiff’s Court, Perumbavoor.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report and rough sketch submitted by the Advocate Commissioner Charls Devassy.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Rough sketch submitted by the Advocate Commissioner.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between M/s. Manju Industries et al vs Varghese et al regarding temporary injunction for operation of metal crusher unit
Case Code Year
Case between M/s. Manju Industries et al vs Varghese et al regarding temporary injunction for operation of metal crusher unit

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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