Case Summary
K.P.Sanilkumar filed a suit against the Kerala State and other defendants regarding unlawful trespass and demolition of his property. The plaintiff claims ownership and seeks an injunction against further trespass.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing and carrying out construction.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction against the defendants, restraining them from trespassing into the plaintiff's property and carrying out any construction. The plaintiff is also entitled to costs from the defendant.
Why Plaintiff Won:
The plaintiff established his ownership and possession through documentary evidence and witness testimony.
The plaintiff established his ownership and possession through documentary evidence and witness testimony.
Losing Side's Weaknesses:
The plaintiff established his ownership and possession through documentary evidence and witness testimony.
The plaintiff established his ownership and possession through documentary evidence and witness testimony.
Supporting Evidence
The plaintiff had established his right and possession over the plaint A schedule property and the southern compound wall was specifically destroyed, with evidence supporting these claims.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is restrained from trespassing into plaint schedule property and from attempting to carry out construction therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.P.Sanilkumar
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kerala State
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Keral Public Works Department
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Assistant Engineer (PWD Malayinkezhu Section)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Tahsildar, Taluk Office, Kattakada
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Panchayathu Secratary, Vilappil Gramapanchayathu
- Relation
- Represented by
Plaintiffs Documents
Certified copy of Sale Deed, Certified copy of resurvey Plan, Tax receipt pertaining to Plaint A schedule property
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Satheesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.Salahudeen
- Appearance Type
- Government Pleader
- Party Role
- Defendant
- Advocate Name
- Sri. Rajaprathap.S.J.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Decree to restrain the defendants from trespassing into plaint schedule property.
Evidence:
Therefore plaintiff is entitled for a decree of permanent prohibitory injunction restraining the defendants from trespassing into plaint schedule property and from attempting to carry out construction therein.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs are entitled to realise the cost of the suit from the defendant.
Evidence:
The plaintiffs are entitled to realise the cost of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy establishes ownership and possession of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Certified copy provides details of the boundaries of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt shows possession of plaint A schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report details condition and boundaries of the plaint A schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch illustrates the layout concerning plaint schedule properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between K.P.Sanilkumar vs Kerala State et al regarding permanent prohibitory injunction
Case Code Year
Case between K.P.Sanilkumar vs Kerala State et al regarding permanent prohibitory injunction