Case Summary
Sankaran Nampoothiri filed a suit against Kollam Municipal Corporation for a permanent prohibitory injunction to prevent them from trespassing on his property and demolishing the boundary walls. The plaintiff alleges that the defendant plans to illegally encroach on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant and his men are permanently restrained from trespassing into the plaint schedule property and from demolishing the western and northern boundary walls of the property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, permanently restraining the defendant from trespassing into the property and demolishing the boundary walls.
Why Plaintiff Won:
The plaintiff's ownership and possession of the property were well established through various documents presented to the court.
The plaintiff's ownership and possession of the property were well established through various documents presented to the court.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Ext.A1, A2, A3 show that the plaintiff is the absolute owner in possession of plaint schedule property having an extent of 2.95 ares of property and he is remitting land tax for the same. Exts.A1 to A3 and C1 series, would prove the plaint claim. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendant and his men are permanently restrained from trespassing into the plaint schedule property and from demolishing the western and northern boundary walls of the property and also from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sankaran Nampoothiri. S
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kollam Muncipal Corporation
- Relation
- represented by Secretary
Plaintiffs Documents
Sale Deed No. 1541/2014, Tax receipt dated 24/09/2024, Possession certificate dated 24/05/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Sankaran Nampoothiri
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and his men are permanently restrained from trespassing into the plaint schedule property and from demolishing the western and northern boundary walls of the property and also from committing any waste therein.
Evidence:
The defendant and his men are permanently restrained from trespassing into the plaint schedule property and from demolishing the western and northern boundary walls of the property and also from committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is the absolute owner in possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiff is remitting land tax for the property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's possession of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the plaint schedule property and its boundaries.
Reference:
C1 series
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Sankaran Nampoothiri. S vs Kollam Muncipal Corporation regarding permanent prohibitory injunction.
Case Code Year
Case between Sankaran Nampoothiri. S vs Kollam Muncipal Corporation regarding permanent prohibitory injunction.