Case Summary
Saju is the plaintiff seeking a permanent prohibitory injunction against Varkala Municipality and its officials, claiming they are attempting to illegally close down his hotel business. The case involves disputes over the operation of the hotel and alleged influence from the property's previous owner, Mr. Mohankumar.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from illegally attempting to close down the plaintiff's hotel business.
Why Plaintiff Won:
The plaintiff established through unchallenged oral evidence that he is entitled to a permanent prohibitory injunction.
The plaintiff established through unchallenged oral evidence that he is entitled to a permanent prohibitory injunction.
Losing Side's Weaknesses:
The plaintiff established through unchallenged oral evidence that he is entitled to a permanent prohibitory injunction.
The plaintiff established through unchallenged oral evidence that he is entitled to a permanent prohibitory injunction.
Supporting Evidence
the plaintiff established that he is entitled to get a permanent prohibitory injunction.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from illegally taking steps to close down the hotel business conducting by the plaintiff in the plaint schedule shop room.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saju
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Varkala Municipality
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- Secretary, Varkala Municipality
- Party Role
- Defendant
- Party Name
- Health Supervisor, Varkala Municipality
Plaintiffs Documents
Copy of Rent agreement, Copy of Consent, Copy of Notice No. H3/G3/1716/2023 issued by Health Supervisor, Municipality, Varkala, Copy of Reply notice, Copy of Application No. 4011/RPTL03/TEMP/2023/1398
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. J. Shihabudeen Kuriyedath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiff.
Evidence:
1.A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from illegally taking steps to close down the hotel business conducting by the plaintiff in the plaint schedule shop room.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of Rent agreement related to the plaint schedule shop room.
Reference:
Ext.A1
Document Type:
Consent
Submitted By:
Plaintiff
Relevance:
Copy of Consent relevant to the operation of the hotel.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of Notice No. H3/G3/1716/2023 issued by Health Supervisor, Municipality, Varkala.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of Reply notice responding to the notice from the Health Supervisor.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Copy of Notice No. H3/G3/1716/2023 issued by Health Supervisor, Municipality, Varkala.
Reference:
Ext.A5
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Copy of Application No. 4011/RPTL03/TEMP/2023/1398 submitted for renewing the license.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Unauthorized occupation
Case Code
Case between Saju vs Varkala Municipality et al regarding granting a decree of permanent prohibitory injunction
Case Code Year
Case between Saju vs Varkala Municipality et al regarding granting a decree of permanent prohibitory injunction