BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA STATE LEGAL SERVICES COMMITTEE PRESENT: BARRISTER SRI.M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI K.J.THOMAS STANLEY(RETD.DISTRICT JUDGE) FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 CRP.No. 1061 of 2007() ---------------------- CMA.1/2006 of SUB COURT, PALA OS.19/2004 of MUNSIFF COURT, PALA .................... PETITIONER: RESPONDENT/PETITIONER-PLAINTIFF: --------------------------------------------------------- SUDHAKARAN NAIR, S/O.VELAYUDHAN NAIR, KOCHUKALAPURACKAL, MANNACKANADU KARA, KURICHITHANAM VILLAGE, REPRESENTED BY THE POWER OF ATTORNEY HOLDER SANTHOSH KUMAR, S/O.DAMODHARAN NAIR, KOTTARATHIL, PUTHUVELY KARA, VELIYANNOOR VILLAGE. BY ADV. SRI.BOBBYMATHEW KOOTHATTUKULAM RESPONDENTS/APPELLANS/RESPONDENTS-DEFENDANTS: ---------------------------------------------------------------- 1. JANARDHANAN, S/O.SREEDHARAN, PETTAPPUZHA HOUSE, MANNACKANADU KARA, KURICHITHANAM VILLAGE. 2. SARADHA, W/O.JANARDHANAN, DO, DO. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS CIVIL REVISION PETITION HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 08/08/2008 ALONG WITH R.S.A.No.339/2008 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: C.R.P.No.1061/2007 2 I.A.No.3036/2007 IN C.R.P.No.1061/2007 CLOSED Sd/- M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) Sd/- K.J.THOMAS STANLEY (RETIRED DISTRICT JUDGE) 8/08/2008 TRUE COPY P.A.TO JUDGE BARRISTER SRI.M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SRI.K.J.THOMAS STANLEY (RETIRED DISTRICT JUDGE) ================================= C.R.P.No.1061 of 2007 & R.S.A.No.339 of 2008 ================================= Dated this the 8th day of August 2008 AWARD Parties and counsel in both the cases are present. Panchayat Secretary, Marangattupally Panchayat is also present. 2. Parties are neighbours. The dispute relates to construction of septic tank in the premises of the first respondent Sri.Janardhanan in both the cases. The objection has been raised by the petitioner/appellant Sri.Sudhakaran Nair. 3. We are happy to state that the parties have arrived at a settlement before the Adalat. Accordingly, the first respondent-Sri.Janardhanan will dismantle the existing latrine and in its place construct a ready-made septic tank attached to latrine. Petitioner/appellant has also agreed and he will construct a protective wall supporting the septic tank of the length of the septic tank. For the purpose of constructing the above said protective wall Sri.Janardhanan will provide a basement removing the earth from his property. C.R.P.No.1061/07 & R.S.A.No.339/2008 2 4. The first respondent-Sri.Janardhanan has agreed to put up a septic tank as aforementioned on his own expenses. He will also provide a basement by removing the earth for the construction of the protective wall as stated above at his own expense. The construction of the compound wall will be undertaken by Sri.Sudhakaran Nair at his own expense. The protective wall must be constructed in the property of Sri.Janardhanan. 5. We are also informed that a criminal case is pending before the Judicial First Class Magistrate Court, Pala, initiated by Sudhakaran's father. In view of the above settlement the parties have agreed to withdraw the complaint. For this purpose, the parties are at liberty to produce a copy of this award before the Judicial First Class Magistrate Court, Pala. The whole exercise shall be completed by both the parties. It is also reported that a Civil Case is pending before the Munsiff Court, Pala instituted by Sri.Janardhanan. Sri.Janardhanan stated before us that the matter has been already settled. No evidence has been produced before us in that regard. So, action will be taken by Sri.Janardhanan to withdraw that case also in view of the settlement arrived at here. 6. Since the settlement has been arrived at in the presence of the Secretary, Marangattupally Panchayat, the C.R.P.No.1061/07 & R.S.A.No.339/2008 3 panchayat also will ensure that the settlement is effected and give necessary support to the parties to implement this award. Sri.Janardhanan also agreed before us that waste water from his house will not be allowed to flow into the property of Sri.Sudhakaran Nair. 7. For the purpose of construction of the protective wall Sri.Sudhakaran Nair will pay an amount of Rs.1,000/-(Rupees one thousand only) to Sri.Janardhanan through their counsel. The whole construction of the septic tank will be completed within one month from today. Construction of the protective wall will be completed within two weeks from the date of completion of construction of the septic tank. The award is passed in accordance with the above terms and the cases are closed as settled. M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) K.J.THOMAS STANLEY (RETIRED DISTRICT JUDGE) dvs