Court upheld a community sanitation complex project's legality over a land dispute, emphasizing public interest and rejecting the plaintiff's claims of obstruction.

JUDGMENT :

K. NATARAJAN, J.

This original petition is filed by the petitioner/plaintiff for setting aside the order dated 01.07.2025 passed in I.A.No.3/2025 in CMA No.19/2025 by the District Court, Pathanamthitta and the order dated 10.04.2025 passed in I.A.No.2/2024 in O.S.No.111/2024 on the files of Munsiff Court, Ranni.

2. Heard the arguments of the learned counsel for the petitioner and respondents.

3. The case of the petitioner is that the petitioner/plaintiff filed a Suit against the respondents/defendants for permanent prohibitory injunction restraining the defendant Nos.3 to 5 and their officers from making any constructions or encroachment in plaint schedule Item Nos.2 & 3 properties and causing any obstructions to the plaintiff from accessing item Nos.2 & 3 properties.

4. The plaintiff claims himself is the absolute owner in possession of 16.72 Ares of land in Sy.No.274/6 in block No.9 of Pazhavangadikkara Village (herein after referred as Schedule item No.1). The schedule item No.1 lies on the immediate east of the erstwhile PWD road leading from the erstwhile Ranni bridge which collapsed few years ago and a new construction of a bridge was came up. The Punalur and Muvattupuzha highway is further west of the erstwhile Ranni bridge, portion of the said erstwhile PWD road immediately abutting the plaint schedule property lying as a vacant land. The erstwhile PWD road portion is described as plaint schedule item No.2.

5. The further case of the plaintiff is that the plaint item schedule item No.2 property is a part of the erstwhile Pathanamthitta – Erumeli PWD road which was major district road connecting Pathanamthitta town to Erumeli town and beyond till Sabarimala. The said road is passing through several Grama Panchayats and block Panchayats including Konni, Ranni and Kanjirappally before reaching Sabarimala. After the construction of the Punalur - Muvattupuzha State highway, substantial portion of the Pathanamthitta - Erumeli PWD Road has become part of the State highway, the plaintiff has reason to believe that schedule item No.2 property also being declared as part of the said state highway. The plaint Schedule item No.3 property is part of the said highway lying in the north of the new Ranni bridge.

6. The further case of the plaintiff is that the defendant Nos.3 & 4 along with other officers in the PWD and Local Self Government unlawfully encroached into the western portion of the plaint schedule item No.1 property and attempted to obstruct the construction of the compound wall along with the northern boundary of the item No.1 which forced the plaintiff to file the Suit, OS No.96 of 2024, wherein an injunction has been passed against the said defendants.

7. It is further contended that the plaintiff came to know that a building including toilets and septic tanks are about to construct in the plaint schedule item Nos.2 and 3 properties by the defendants 3 to 5 and the defendants have no legal right to make any construction over the plaint schedule Item Nos.2 and 3.

8. It is further contended that the schedule item Nos. 2 and 3 properties lie within the control lines as determined by the competent authority under the Kerala Highway Protection Act, 1999. The plaint schedule Item Nos. 2 and 3 properties of the 1^st defendant, State of Kerala, the 2^nd defendant constituted the Highway Authority in relation to plaint schedule item Nos.2 and 3 properties. The 2nd defendant has demarcated the boundaries of