Case Summary
The plaintiff, Perikkathra Surendran, a retired civil contractor, filed a suit for permanent prohibitory injunction against the defendants for obstructing construction on his property. The plaintiff claimed that the defendants threatened him and his son, assaulted them, and unlawfully impeded construction activities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property and from obstructing the plaintiff in constructing the compound wall.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, granting him a permanent prohibitory injunction against the defendants regarding trespassing and obstruction of construction on the property.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff coupled with the exhibits proved the case in favor of the plaintiff.
The unchallenged evidence of the plaintiff coupled with the exhibits proved the case in favor of the plaintiff.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff coupled with the exhibits proved the case in favor of the plaintiff.
The unchallenged evidence of the plaintiff coupled with the exhibits proved the case in favor of the plaintiff.
Supporting Evidence
The unchallenged evidence of PW1 coupled with Exts.A1 to A6, C1, C1(a), C1(b) would prove the case of the plaintiff. Hence, the plaintiff is entitled to get a relief as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1) The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from committing wastes therein and from obstructing the plaintiff in constructing the compound wall around the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Perikkathra Surendran
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Palakurumba Gangadharan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rathna Singh (Died)
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cherukara Purushothaman
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rathnavalli
- Party Age
- 61
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chanjal
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Certified copy of Janmam assignment Deed No.75/1998, Certified copy of pattayam No.281/1989, Land Tax Receipt from Village officer, Possession certificate from Village officer, Copy of order in WP(C) 17254/2016, Complaint filed before Sub Inspector of Police Cheruvannur Police Station, Tax Receipt from Village officer.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.P.Surendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nidin.A.V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Rajesh Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into the plaint schedule property.
Evidence:
The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from committing wastes therein.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the plaint schedule properties.
Reference:
Ext.A1
Document Type:
Certified copy of pattayam
Submitted By:
Plaintiff
Relevance:
Proof related to the rights over the plaint schedule properties.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payments for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Proof of possession of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Copy of order in Writ Petition
Submitted By:
Plaintiff
Relevance:
Legal backing for seeking police protection for construction.
Reference:
Ext.A5
Document Type:
Complaint filed
Submitted By:
Plaintiff
Relevance:
Evidence of prior complaints regarding the obstruction.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payments for the plaint schedule property.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's assessment of the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Commissioner's Sketch plan
Submitted By:
Court
Relevance:
Visual evidence related to the case.
Reference:
Ext.C1(a)
Document Type:
Surveyor's Sketch
Submitted By:
Court
Relevance:
Additional visual evidence related to the case.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Apprehending trespass
Case Code
Case between Perikkathra Surendran vs Palakurumba Gangadharan et al regarding permanent prohibitory injunction
Case Code Year
Case between Perikkathra Surendran vs Palakurumba Gangadharan et al regarding permanent prohibitory injunction