Case Summary
The plaintiffs, Shamsudeen. A and Sabeena Beevi, are seeking a permanent prohibitory injunction against the defendants for improperly acquiring their land and undervaluing the compensation. The defendants are the State of Kerala and various governmental authorities involved in the land acquisition process.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiffs as it was found to be infructuous since the necessary assessments were already conducted by the appointed advocate commissioner and expert engineer.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shamsudeen. A
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sabeena Beevi
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Special Deputy Collector / Competent Authority, LA (NH)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Executive Engineer, National Highway Division
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Special Tahsildar, LA (N.H) – III
- Relation
- Represented by
Plaintiffs Documents
Certified copy of Sale deed No. 230/1983, Copy of Tax receipt No. KL01060901502/2022, Building Tax receipt No. 9782042, Notice of Award under Section 3E of NH Act, 1956.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Niju.K. Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Additional Government Pleader
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Seeking to restrain defendants from demolishing the acquired property.
Evidence:
the suit has become infructuous.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Establishes the ownership and prior acquisition of land by the plaintiffs.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiffs' fulfillment of tax obligations for the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the tax assessment related to the constructed building on the property.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further supports the tax documentation for the property.
Reference:
Ext.A3(a)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Continuation of tax records for the plaintiffs' premises.
Reference:
Ext.A3(b)
Document Type:
Notice of Award under Section 3E of NH Act, 1956
Submitted By:
Plaintiff
Relevance:
Related to the government's acquisition of land affecting the plaintiffs.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings on the property valuation as per court appointment.
Reference:
Ext.C1
Document Type:
Expert Report
Submitted By:
Court
Relevance:
Details the structural assessment relevant to the property valuation.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Undervaluation of acquired property
Case Code
Case between Shamsudeen. A vs State of Kerala regarding permanent prohibitory injunction
Case Code Year
Case between Shamsudeen. A vs State of Kerala regarding permanent prohibitory injunction