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2022 Supreme(Online)(KER) 35267

HIGH COURT OF KERALA
BINOY SEBASTIAN, – Appellant
Versus
ELIKULAM GRAMA PANCHAYATH, – Respondent


JUDGMENT

This original petition has been filed under Article 227 of the Constitution of India by the first plaintiff in O.S.No.49/2021, pending before the Munsiff Court Kanjirappally. The Respondents herein are defendants 1 and 2 in the suit as well as the second Plaintiff.

2. Heard the learned counsel of the petitioner, learned Standing Counsel for Elikkulam Grama panchayat and the learned Government Pleader representing Kerala State.

3. Necessary facts of this case, to decide the matter are as follows:

Plaintiff in this case filed O.S.No.49/2021 before the Munsiff Court, Kanjirappally and sought the relief of permanent prohibitory injunction restraining the defendants from constructing public toilets and connected buildings in item no.3 property. The further prayer in the suit was to restrain the defendants from obstructing public way in front of the plaintiffs' properties. There was also prayer to avoid environmental pollution and water pollution by restraining construction of public toilets in plaint item no.3 property.

4. According to the plaintiffs, the plaint item No.1 & 2 properties were purchased by the 1st plaintiff and are lying contiguously adjacent to each other. On the s

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