IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 30768 of 2009(M) -------------------------- PETITIONER(S): --------------- U.PADMANABHAN, S/O. CHEKKU, URALUNGAL, THACHOLI VYALIL HOUS, P.O.MADAPPLY COLLEGE, VATAKARA, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------- 1. VATAKARA MUNICIPALITY REPRSENTED BY ITS SECRETARY MUNICIPAL OFFICE, VTAKARA, KOZHIKODE. 2. S.I. OF POLICE, VATAKAR, KOZHIKODE. 3. P.YESHODA, D/O. CHEKKU, HARI NIVAS, NADPPUTHAZHAM AMSOM, PUTHOOR DESOM, NEAR I.T.S., VATAKARA TALUK, KOZHIKODE DISTRICT. ADV. SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE FOR R3 SRI.K.MOHANAKANNAN FOR R3 SRI.M.P.ASHOK KUMAR FOR R1 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30768 of 2009 APPENDIX EXHIBITS EXT.P1- A COPY OF THE PROFESSIONAL TAX RECEIPT FOR THE YEAR 2005-06 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P2- A COPY OF THE PROPERTY TAX RECEIPT FOR THE TAX PAID BY THE PETITIONER IN THE NAME OF THE 3RD RESPONDENT EXT.P3- A COPY OF THE JUDGMENT IN O.S.60/2005 ON THE FILE OF THE SUBORDINATE JUDGE, VATAKARA DATED 27.2.2007 EXT.P4- A COPY OF THE INTERIM ORDER PASSED BY KOZHIKODE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM. EXT.P5- A COPY OF THE INTERIM ORDER DATED 31.8.2006 IN W.P.(C). 23631/06 EXT.P6- A COPY OF THE JUDGMENT DATED 24.7.2009 IN W.P.(C).23631/06 EXT.P7- A COPY OF THE LETTER DATED 18.6.2009 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT EXT.P8- A COPY OF THE NOTICE ISSUED BY THE VATAKARA MUNICIPALITY DATED 17.9.2009 TO THE PETITIONER EXT.P9- A COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL (TRUE COPY) P.S.To Judge KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C).No.30768 of 2009 ---------------------------------------- Dated this the 2nd day of December, 2009 JUDGMENT Kurian Joseph, J. The petitioners approached this court seeking police protection, for the smooth functioning of a Naturopathic Clinic. Finding an element of settlement, we directed the parties to be present before us. 2. The petitioner and the 3rd respondent were thereafter referred to the Kerala Mediation Centre. It is heartening to note that the parties have decided to settle their disputes. The following are the terms of settlement: (i) The petitioner Mr.Padmanabhan who has been residing at and running a Naturopathy Clinic in the building owned by the 3rd respondent agrees to vacate from the building and return back the same to the owner on the 31st day of December, 2009. (ii) The 3rd respondent agrees to pay back an amount of Rs.6,50,000/- (Rupees Six Lakhs fifty thousand only) to the petitioner on the day he quits the building, as per this agreement, on W.P.(C).No.30768 of 2009 :: 2 :: 31st December, 2009. This settlement amount includes the amount spent by the petitioner for the construction work of this building, its interest and a special consideration. (iii)The parties agree to withdraw the appeal pending at the Hon'ble High Court of Kerala, as the basic issue remain settled amicably through this mediation. (iv) during the dispute which continued through the last five years there have been many complaints filed and proceedings initiated against each, by the parties and relatives in many Courts, Tribunals, Local Bodies, Consumer Court, Police Station etc., in connection with this disputes. Both parties hereby agree to take necessary steps in order to withdraw all such complaints and proceedings wherever it exist, in light of this compromise arrived here at the High Court through mediation. (v) The parties doubt whether any paper or documents signed by them still remain with the opposite party by ignorance or misplacement. Both parties agree that such papers or documents, if found, shall be returned to the respective parties and they shall see that these papers are never used against the opposite party in any form as all disputes are hereby settled amicably.” W.P.(C).No.30768 of 2009 :: 3 :: The writ petition is disposed of in terms of the settlement as above. Towards remuneration to the mediator, both sides shall pay an amount of Rs.5,000/- each. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//