Case Summary
Justin is the plaintiff who alleges that the defendants, Mariya Jackson and Sherly, are encroaching on his property and causing serious nuisance by dumping waste and installing pipelines to draw contaminated water. He seeks a mandatory and prohibitory injunction against the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to remove the pipelines and a permanent prohibitory injunction against encroachment.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting both a mandatory and a permanent prohibitory injunction against the defendants regarding their encroachment and actions impacting the plaintiff's property.
Why Plaintiff Won:
The defendants were found to have no right, title, or interest in the plaint schedule property and were causing serious nuisance to the plaintiff.
The defendants were found to have no right, title, or interest in the plaint schedule property and were causing serious nuisance to the plaintiff.
Losing Side's Weaknesses:
The defendants were found to have no right, title, or interest in the plaint schedule property and were causing serious nuisance to the plaintiff.
The defendants were found to have no right, title, or interest in the plaint schedule property and were causing serious nuisance to the plaintiff.
Supporting Evidence
The learned counsel for the plaintiff submitted that from the oral and documentary evidence, plaintiff has established that the defendants have installed pipelines so as to draw contaminated water through the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A mandatory injunction is granted in favour of the plaintiffs and the defendants are hereby directed to remove the PVC pipelines which are installed for drawing rainwater/contaminated water through the plaint schedule property within 30 days from the date of this decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Justin
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariya Jackson
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sherly
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Kudikidappu certificate, Tax receipt No. 0419508 of Village Office Anchuthengu dated 4/1/2017, Building Tax receipt No. 118010100982 of Anchuthengu Grama Panchayath dated 4/1/2019, Death certificate of Mariya Sona, Death certificate of Alphonse.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sureshkumar. P. S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Jayakrishnan.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants directed to remove the PVC pipelines installed for drawing rainwater/contaminated water.
Evidence:
So the plaintiff is entitled to get a mandatory as well as permanent prohibitory injunction.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from encroaching into plaint schedule property and committing any acts which will cause difficulties.
Evidence:
Moreover, it will cause serious nuisance and health issues to the plaintiff and his family members.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from the defendants.
Evidence:
Considering the facts and circumstances of the case, plaintiff is entitled to realize costs of the suit from the defendants.
Documents & Evidence
Document Type:
Kudikidappu Certificate
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaintiff's father over the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the tax was remitted in the name of the plaintiff's father.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the existence of the building constructed by the plaintiff.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provides proof of the plaintiff's mother's death.
Reference:
Ext.A4
Document Type:
Receipt from Anchuthengu Grama Panchayath
Submitted By:
Plaintiff
Relevance:
Rejected as it is a photocopy.
Reference:
Ext.A5
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Rejected as it is a photocopy.
Reference:
Ext.A6
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provides proof of the plaintiff's father's death.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings regarding the illegal installation of pipelines.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Illustrates the layout related to the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Unauthorized occupation
Case Code
Case between Justin vs Mariya Jackson et al regarding mandatory and permanent prohibitory injunction.
Case Code Year
Case between Justin vs Mariya Jackson et al regarding mandatory and permanent prohibitory injunction.