Case Summary
The plaintiff Subramanian.P filed a suit against defendants Krishnadas.P and Sajila regarding a mandatory injunction to remove a granite wall and soil that obstructed water flow onto his property. The defendants countered that their construction did not violate any permits.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit as it found no evidence to support the plaintiff's claims regarding obstruction of natural water flow.
Key Reasoning:
No evidence substantiated the plaintiff's claims regarding the obstruction of water flow.
No evidence substantiated the plaintiff's claims regarding the obstruction of water flow.
Why Defendant Won:
No evidence substantiated the plaintiff's claims regarding the obstruction of water flow.
No evidence substantiated the plaintiff's claims regarding the obstruction of water flow.
Supporting Evidence
It is found that there is no obligation for the defendants to the plaintiff and there is no evidence of the direction of natural flow of water.
Judgment Evidence:
In the result, suit is dismissed. Considering the facts and circumstances of the case, costs are not ordered.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Subramanian.P
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Krishnadas.P
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajila
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Certified copy of Janmam Sale deed No. 281/85, Janmam sale deed No. 4154/97, various petitions filed by Subramanian.P before authorities.
Defendants Documents
Covering letter issued by Secretary Feroke Municipality to Krishnadas, various building permits and plans.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Premdeep Mahesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.S. Murali
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shemie Jithin
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff requested to dismantle the granite stone wall and remove soil to restore water flow.
Evidence:
Hence it is found that there is no obligation for the defendants to the plaintiff and there is no evidence of the direction of natural flow of water.
Documents & Evidence
Document Type:
Janmam sale deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of plaint A schedule property by the plaintiff.
Reference:
Ext.A1, Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of land tax payments for plaint A schedule property.
Reference:
Ext.A3, Ext.A4
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
Complaints filed by the plaintiff regarding the flooding and obstruction issues.
Reference:
Ext.A5 to Ext.A9
Document Type:
Notices from Secretary Feroke Municipality
Submitted By:
Plaintiff
Relevance:
Official notices regarding the construction and complaints affecting plaint B schedule property.
Reference:
Ext.A11 to Ext.A14
Document Type:
Pattam Sale deed
Submitted By:
Defendant
Relevance:
Establishes ownership of plaint B schedule property by the defendants.
Reference:
Ext.B3, Ext.B4
Document Type:
Covering letter from Secretary Feroke Municipality
Submitted By:
Defendant
Relevance:
Correspondence relevant to the construction disputes.
Reference:
Ext.B1
Document Type:
True copy of council resolution
Submitted By:
Defendant
Relevance:
Details municipal council decisions affecting the property issues.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports submitted by the advocate commissioner related to the case.
Reference:
Ext.C1, Ext.C2, Ext.C3
Document Type:
Photographs
Submitted By:
Unknown
Relevance:
Visual evidence relevant to the construction and property conditions.
Reference:
Ext.B7 to Ext.B20
Document Type:
Letters and notices from Secretary Feroke Municipality
Submitted By:
Unknown
Relevance:
Additional documentation regarding the dispute and related resolutions.
Reference:
Ext.X1 to Ext.X4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Subramanian.P vs Krishnadas.P et al regarding mandatory injunction
Case Code Year
Case between Subramanian.P vs Krishnadas.P et al regarding mandatory injunction