Case Summary
The plaintiffs, Salim. M and Abdul Hakkim, are seeking a temporary injunction against government officials regarding properties they claim ownership of, which are now designated as government land. They assert their mother was the original owner, and they are currently in possession of the properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary injunction sought by the plaintiffs, determining that there was no prima facie case in favor of the petitioners and that allowing the injunction would cause irreparable injury to the respondents.
Key Reasoning:
The government’s project for constructing a water tank is essential for providing drinking water to the public, and the petitioners did not establish a prima facie case.
The government’s project for constructing a water tank is essential for providing drinking water to the public, and the petitioners did not establish a prima facie case.
Why Defendant Won:
The government’s project for constructing a water tank is essential for providing drinking water to the public, and the petitioners did not establish a prima facie case.
The government’s project for constructing a water tank is essential for providing drinking water to the public, and the petitioners did not establish a prima facie case.
Supporting Evidence
The court concluded that the respondents' actions regarding the construction of the water tank are lawful and necessary for public benefit, and the petitioners failed to demonstrate a legal entitlement to the government land.
Judgment Evidence:
In the result, petition is dismissed. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Salim. M
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abdul Hakkim
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Taluk Surveyor
- Party Role
- Defendant
- Party Name
- Water Authority
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Village Ofcer
- Party Role
- Defendant
- Party Name
- Secretary, Navaikulam Panchayath
Plaintiffs Documents
Copy of Sale deed No.2634/1979, Copy of Sale deed No.248/1965, Copy of Tax Receipt dated 02.03.2023
Defendants Documents
Copy of Steps for District Collector dated 07.07.2022, Copy of Proposed Survey Plan for Jala Jeevan Mission
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. SABEER
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. SWAPNA.C.NAIR
- Appearance Type
- Main Counsel
- Law Firm
- Addl. Government Pleader
- Party Role
- Defendant
- Advocate Name
- Sri.S. SHANAVAS
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Refused
Description:
Request for a temporary injunction restraining the respondents from trespassing into the petition schedule properties.
Evidence:
Hence the petition is dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed. 2634/1979. dated. 04.10.1979.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed. 248/1965. dated. 09.02.1965.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of Tax Receipt. dated. 02.03.2023.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of Tax Receipt. dated. 02.03.2023.
Reference:
Ext.A4
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Copy of Sketch. dated. 18.12.1994.
Reference:
Ext.A5
Document Type:
Pattayam
Submitted By:
Plaintiff
Relevance:
Copy of Pattayam. dated. 10.12.1985.
Reference:
Ext.A6
Document Type:
Steps for District Collector
Submitted By:
Defendant
Relevance:
Copy of Steps for District Collector.dated. 07.07.2022.
Reference:
Ext.B1
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
Copy of Sketch.
Reference:
Ext.B2
Document Type:
Proposed Survey Plan for Jala Jeevan Mission
Submitted By:
Defendant
Relevance:
Copy of Proposed Survey Plan for Jala Jeevan Mission.
Reference:
Ext.B3
Document Type:
Proposed Survey Plan for Jala Jeevan Mission
Submitted By:
Defendant
Relevance:
Copy of Proposed Survey Plan for Jala Jeevan Mission.
Reference:
Ext.B4
Document Type:
Steps for District Collector
Submitted By:
Defendant
Relevance:
Copy of Steps for District Collector. dated. 07.07.2022.
Reference:
Ext.B5
Document Type:
Application
Submitted By:
Defendant
Relevance:
Copy of Application. dated. 12.07.2022.
Reference:
Ext.B6
Document Type:
Location Sketch
Submitted By:
Defendant
Relevance:
Copy of Location Sketch.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report fled by Adv. Commissioner D. Anilkumar.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch fled by D. Anilkumar.
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 Salim. M et al vs State of Kerala et al regarding petition for temporary injunction
Case Code Year
Case between Salim. M et al vs State of Kerala et al regarding petition for temporary injunction