Case Summary
The case involves Veeyem Developers and Builders Pvt. Ltd. seeking a temporary injunction against Tranquil Towers Apartment and Commercial space owners Association and its president Sreeju Sreedharan. The plaintiff claims interference with their construction activities related to a commercial-cum-residential project due to the defendants' actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary prohibitory injunction against diverting rainwater and obstructing construction
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiff's request for a temporary prohibitory injunction, restraining the defendants from diverting rainwater and obstructing construction activities related to the plaint schedule property. The court dismissed the defendants' application to vacate the injunction.
Why Plaintiff Won:
The plaintiff established a prima facie case and balance of convenience tilted in their favor.
The plaintiff established a prima facie case and balance of convenience tilted in their favor.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found that the plaintiff has proved a prima facie case in his favour and that irreparable injury will occur if the injunction is not granted.
Judgment Evidence:
In the result, IA 1/2025 is allowed. Respondents and their men are restrained by temporary prohibitory injunction from diverting rain water from drainage on the eastern side of defendant's property to the plaint schedule property by blocking the drain of rain water through the drainage constructed on the eastern side of plaint schedule property causing obstruction to the construction activities in the plaint schedule property and also the construction of ramp between the plaint schedule property and Seaport Airport road, as per the permit, until further orders.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Veeyem Developers and Builders Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- Tranquil Towers Apartment and Commercial space owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sreeju Sreedharan
- Party Age
- 44
- Relation
- S/o M S Pillai
Plaintiffs Documents
True copy of the resolution, True copy of the Sale deed no. 717/2019 of Thrikkakara, True copy of the Joint Development Agreement, True copy of the approved plan, True copy of the permit issued by the Thrikkakara Municipality, True copy of the application submitted before the Thrikkakara Municipality, True copy of the order issued by the Thrikkakara Municipality, True copy of the Injunction petition IA No. 481/2025 of District Court (Vacation Court), True copy of the Police Complaint, True copy of the Sanction issued by the PWD, True copy of the order issued by the Assistant Executive Engineer Public Work Department
Defendants Documents
Copy of the Injunction order in IA 481/2025 issued by Hon’ble District Court, (Vacation Court)
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V A Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eldho Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Cyriac Tom
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthika Saroj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjali Krishna
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajen Thampan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tom Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepu Anil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anandu S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T U Anukrishna
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Devananda S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Temporary injunction restraining the defendants from diverting rainwater into the plaintiff's property.
Evidence:
IA 1/2025 is allowed. Respondents and their men are restrained by temporary prohibitory injunction from diverting rain water from drainage on the eastern side of defendant's property to the plaint schedule property by blocking the drain of rain water through the drainage constructed on the eastern side of plaint schedule property.
Relief Type:
Vacating Injunction
Outcome:
Refused
Description:
Petition to vacate the ad-interim order passed in IA 1/2025.
Evidence:
IA 6/2025 is dismissed.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution authorizing the Managing Director to file the suit.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed indicating ownership of the property in dispute.
Reference:
Ext.A2
Document Type:
Joint Development Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between landowners and plaintiff for constructing a project.
Reference:
Ext.A3
Document Type:
Approved Plan
Submitted By:
Plaintiff
Relevance:
Plan approved by authority for the construction project.
Reference:
Ext.A4
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Permit issued for construction by the local municipality.
Reference:
Ext.A5
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Application submitted to local authority regarding drainage.
Reference:
Ext.A6
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Order permitting the drainage construction.
Reference:
Ext.A7
Document Type:
Injunction petition
Submitted By:
Plaintiff
Relevance:
Petition filed in the District Court regarding injunction.
Reference:
Ext.A8
Document Type:
Police Complaint
Submitted By:
Plaintiff
Relevance:
Complaint regarding trespass and obstruction.
Reference:
Ext.A9
Document Type:
Sanction
Submitted By:
Plaintiff
Relevance:
Sanction from PWD for ramp construction.
Reference:
Ext.A10
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Extension of the order for construction work.
Reference:
Ext.A11
Document Type:
Injunction Order
Submitted By:
Defendant
Relevance:
Order granted against the plaintiff regarding construction activities.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report on the status of the constructed drainage.
Reference:
Ext.C1
Document Type:
Series Photographs
Submitted By:
Court
Relevance:
Photographic evidence related to the case.
Reference:
Ext.C1(a)
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 Veeyem Developers and Builders Pvt. Ltd. vs Tranquil Towers Apartment and Commercial space owners Association et al regarding temporary prohibitory injunction.
Case Code Year
Case between Veeyem Developers and Builders Pvt. Ltd. vs Tranquil Towers Apartment and Commercial space owners Association et al regarding temporary prohibitory injunction.