Case Summary
The plaintiffs, Ambili K and her children, are seeking a permanent prohibitory injunction against the defendants, Gracy and K.S Rajan, to prevent them from demolishing a latrine on their inherited property. The dispute centers around property boundaries and alleged illegal construction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs did not have the necessary permits for the construction of the latrine, and therefore dismissed their suit for a permanent prohibitory injunction. The court also dismissed the counterclaim from the defendants.
Key Reasoning:
The plaintiffs lacked the requisite building permits for the latrine and did not comply with the local building rules.
The plaintiffs lacked the requisite building permits for the latrine and did not comply with the local building rules.
Why Defendant Won:
The plaintiffs lacked the requisite building permits for the latrine and did not comply with the local building rules.
The plaintiffs lacked the requisite building permits for the latrine and did not comply with the local building rules.
Supporting Evidence
The court is not inclined to grant discretionary relief of injunction to protect an unauthorized construction.
Judgment Evidence:
In the light of aforesaid discussions, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ambili. K
- Party Age
- 40
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jinu. M.A
- Party Age
- 19
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Jijo.M.A
- Party Age
- 15
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gracy
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.S Rajan
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Original Sale Deed No.2701/2007, Original Tax Receipt No.0463348, Original Tax Receipt No.0349072, Copy of Report Submitted by Secretary, Copy of Revised Permit, Order, Order, Original Death Certificate of Husband of 1st Plaintiff, Authorization Letter
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Sudeendra Nath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dr. S. Sreekumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiffs sought a permanent prohibitory injunction to prevent defendants from demolishing structures.
Evidence:
The suit is dismissed with costs.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The defendants sought a mandatory injunction to demolish the newly constructed latrine.
Evidence:
The counterclaim is dismissed with costs.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the title over the property by the deceased husband of the plaintiffs.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
It demonstrates that land tax was regularly paid by the deceased on the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Another tax receipt supporting the claim of regular tax payment by the deceased.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
This report was submitted by the Secretary regarding the construction on the property.
Reference:
Ext.A4
Document Type:
Revised Permit
Submitted By:
Plaintiff
Relevance:
It shows that the plaintiff had a permit for the construction activities on the property.
Reference:
Ext.A5
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
An order related to the complaints filed by the defendants regarding the construction.
Reference:
Ext.A6
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Another order closing a complaint raised by the defendants.
Reference:
Ext.A7
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the death of the husband of the first plaintiff.
Reference:
Ext.A8
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
An authorization letter supporting the claims made by the plaintiffs.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court's report on the commission's findings regarding the construction.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
A sketch related to the commission report for identification.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report presented in court.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
A sketch associated with the second commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Ambili. K vs Gracy regarding permanent prohibitory injunction
Case Code Year
Case between Ambili. K vs Gracy regarding permanent prohibitory injunction