IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
AUTHORIZED OFFICER – Appellant
Versus
NAVAS K – Respondent
| Table of Content |
|---|
| 1. challenge to the appellate ruling. (Para 1) |
| 2. discussion on statutory provisions. (Para 2) |
JUDGMENT
This original petition has been filed challenging Ext.P1 judgment in C.M.A.No.14 of 2026 passed by the Additional District Judge-VII, Ernakulam. The petitioners are the Authorised Officer and Project Director of NHAI. They sought to take action against the respondents on the ground that the 1st respondent was unauthorisedly occupying land which has been handed over to the NHAI for the formation of the National Highway. A notice is stated to have been issued on 22.01.2026, a copy of which is produced as Ext.P2. An endorsement is seen in Ext.P2 to the effect that it has been received by the 1st respondent on 24.01.2026. The 1st respondent had filed O.S.No.97 of 2026 on 22.01.2026 even before he received a notice, before the Principal Munsiff Court, Ernakulam. By Ext.P4 order in I.A.No.1 of 2026 the Munsiff Court, Ernakulam, rejected the prayer for injunction, finding that the suit itself is barred in view of the provisions of the Control of National Highways (Land and Traffic) Act, 2002 , particularly in view of sections 14, 15 and 26 of the Act. The trial court reli
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