Case Summary
The plaintiffs, M.V. Pradeep kumar and V.M. Bindu, are seeking a permanent prohibitory injunction against the defendants, T.R. Bhagyalekshmi and others, regarding a sewage pipeline issue. The plaintiffs claim illegal connection of sewage lines causing potential blockage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary mandatory injunction directing alternate sewage line provided within a week
Case Type
Civil Suit
Final Judgment
No
The court allowed the application for temporary mandatory injunction, directing the third counter petitioner to provide an alternate sewage line. The court also instructed that the existing sewage connection to the plaintiffs' manhole be removed.
Why Plaintiff Won:
The plaintiffs demonstrated that the connection would cause blockage and overflow, affecting the drainage system.
The plaintiffs demonstrated that the connection would cause blockage and overflow, affecting the drainage system.
Losing Side's Weaknesses:
The plaintiffs demonstrated that the connection would cause blockage and overflow, affecting the drainage system.
The plaintiffs demonstrated that the connection would cause blockage and overflow, affecting the drainage system.
Supporting Evidence
The commission reports indicated that the connection of respondents 1 and 2 to plaint B schedule manhole would lead to blockage and overflow, causing nuisance to the petitioners.
Judgment Evidence:
In the result, I.A.08/2025 is allowed as follows: 1) The 3rd counter petitioner is directed to provide alternate sewage line through the drainage road on the northern side of the property of 1st and 2nd respondents. The said sewage work shall be completed within a period of one week from date of order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.V. Pradeep kumar
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- V.M. Bindu
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- T.R. Bhagyalekshmi
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vijayakumar
- Party Age
- 58
- Relation
- H/O
- Party Role
- Defendant
- Party Name
- The Assistant Executive Engineer, Sewage Sub division (south) Kerala Water Authority
Plaintiffs Documents
Settlement deed No. 2784/98, Release deed No. 4189/2000, Settlement deed No. 4190/2000, Tax receipt, Copy of Location map bearing No. 2766/2016, Work order dated 10/09/2025, Assistant Executive Engineer complaint dated 17/09/2025, complaint dated 24/09/2025.
Defendants Documents
Order issued by corporation of Thiruvananthapuram, Receipt, Copy of work order, payment Receipt, Pathway and plaint B schedule: Manhole, Revenue records.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. D. Ganeshkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kavitha Ganesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. R.J. Rajeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the removal of the sewage connection from the plaint B schedule manhole.
Evidence:
The 3rd counter petitioner is directed to provide alternate sewage line through the drainage road on the northern side of the property of 1st and 2nd respondents. The said sewage work shall be completed within a period of one week from date of order. The 3rd respondent is directed to recall the work order dated 10/09/2025 issued by the 3rd counter petitioner and also respondents 1 to 3 are directed to remove the sewage connection effected by them to the plaint B schedule manhole situated on the south, outside the property of petitioners 1 and 2.
Documents & Evidence
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Marking the ownership of the property by the first petitioner.
Reference:
Ext.A1
Document Type:
Certified copy of Release Deed
Submitted By:
Plaintiff
Relevance:
Supporting the claim of the first petitioner regarding property ownership.
Reference:
Ext.A2
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Further confirming the ownership of the property by the first petitioner.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Related to the tax payments of the plaintiff's property.
Reference:
Ext.A4
Document Type:
Copy of Location map
Submitted By:
Plaintiff
Relevance:
Showing the property location relevant to the case.
Reference:
Ext.A5
Document Type:
Work Order
Submitted By:
Plaintiff
Relevance:
Relates to the legal permissions for sewage work affecting the plaintiffs.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Document showing the plaintiff's grievances reported to authorities.
Reference:
Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Further evidence of the plaintiff's complaints regarding the sewage issues.
Reference:
Ext.A8
Document Type:
Order issued by corporation
Submitted By:
Defendant
Relevance:
Supporting the defendant's claim of statutory approval for sewage connection.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Evidence of payment related to drainage connection work.
Reference:
Ext.B2
Document Type:
Copy of work order
Submitted By:
Defendant
Relevance:
Document relating to the work order for sewage connection requested by defendants.
Reference:
Ext.B3
Document Type:
Payment Receipt
Submitted By:
Defendant
Relevance:
Proof of payment for the sewage connection work.
Reference:
Ext.B4
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Showing the pathway and relevant manhole related to the case.
Reference:
Ext.B5
Document Type:
Extract of revenue records
Submitted By:
Defendant
Relevance:
Showing that the pathway is a public pathway managed by the corporation.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Providing findings of an advocate commissioner regarding the case.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch related to the commission report findings.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further evidence provided by the advocate commissioner regarding sewage connection.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying the second commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
Case between M.V. Pradeep kumar et al vs T.R. Bhagyalekshmi et al regarding permanent prohibitory injunction
Case Code Year
Case between M.V. Pradeep kumar et al vs T.R. Bhagyalekshmi et al regarding permanent prohibitory injunction