IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 36988 of 2009(O) -------------------------- AGAINST THE ORDER IN E.P 184/2008 IN OS.54/2001 of PRL.M.C., KOCHI .................... PETITIONER(S): ------------------------- T.K.RAJENDRAN, THYKKATTU, SOUPARNIKA, VELIYATHAMPARAMBU,NAYARAMBALAM-682 509. BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, BY ADV.MR.JIJI THOMAS. RESPONDENT(S): --------------------------- 1. T.BALACHANDRAN, S/O. SARASWATHYAMMA, THYKKATTU HOUSE, H.NO.P.7/265, VELIYATHAMPARAMBU, NAYARAMBALAM - 682 509. 2. REGHUNATH, RESIDING AT THYKKATTU HOUSE, VELIYATHAMPARAMBU, NAYARAMBALAM - 682 509. 3. VIDYASAGAR, RESIDING AT -DO- 4. KAMALAM, RESIDING AT -DO- 5. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTAM, TRIVANDRUM. 6. THE ASST. EXECUTIVE ENGINEER, K.S.E.B. ELECTRICAL MAJOR SECTION, NARAKKAL. BY ADV.MR.B.KRISHNA MANI R5 & R6 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36988/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DECREE DTD. 29/06/2002 IN O.S.NO.54/01 OF THE PRINCIPAL MUNSIFF COURT, KOCHI. P2: COPY OF THE ORDER DTD. 17/05/2005 IN O.S.NO.54/01 OF THE PRINCIPAL MUNSIFF COURT, KOCHI. P3: COPY OF THE EXECUTION PETITION NO.184/08 OF ...DO.... P4: COPY OF THE COMMISSION REPORT DTD. 25/09/08 OF ..DO... P5: COPY OF THE OBJECTION DTD. 11/11/2008 OF ..DO... P6: COPY OF THE ORDER DTD. 24/11/2009 OF ...DO.... P7: COPY OF THE COMMUNICATION DTD. 10/12/2009 FROM 6TH RESPONDENT. P8: COPY OF THE OBJECTION DTD. 14/12/2009 FROM THE PETITIONER TO THE 6TH RESPONDENT. P9: COPY OF THE WRITTEN ORDER DTD. 21/12/2009. RESPONDENT'S EXHIBITS: R6(A): COPY OF THE LETTER DTD. 21/12/2009 OF THE PETITIONER'S WIFE. R6(B): COPY OF THE JOINT INSPECTION REPORT DTD. 6/04/2010. /TRUE COPY/ P.A.TO JUDGE Kss P.BHAVADASAN, J. ------------------------- W.P (C) No.36988 of 2009 -------------------------- Dated this the 9th April, 2010 J U D G M E N T In pursuance of the order dated 30.3.2010, it is stated that a joint inspection has been conducted as directed and parties have arrived at a settlement between them and filed a report as per Ext.R6(b) before this Court. 2. The Electricity Board has filed a memo accepting the compromise. They agreed to shift the post. They may do so within a week from today. 3. In the light of the compromise, nothing more survives in the petition. 4. Learned counsel appearing for the respondents pointed out that this is the second occasion when the petitioner has violated the order of injunction. 5. One cannot appreciate the conduct of the petitioner. But it is to be noted that matter has been given a quietus as per the compromise. Petitioner is hereby warned and cautioned that any violation of court decree in future will entail serious consequences. If such conduct is brought to the notice of the Court, the Court shall take W.P (C) No.36988 of 2009 2 stringent measures. On reporting compliance with the order directing shifting of the post, that court below shall close E.P. 184/08. The writ petition is closed, as above. P.BHAVADASAN, JUDGE ma W.P (C) No.36988 of 2009 3 P.BHAVADASAN, J. ------------------------- W.P (C) No.36988 of 2009 -------------------------- Dated this the 30th March, 2010 O R D E R W.P (C) No.36988 of 2009 4 When the matter is taken up today, there was a suggestion. It is suggested that junior counsel of each office will visit the place and see whether an amicable settlement can be arrived at. Petitioner's counsel submits that the service of an Assistant Engineer or Superior Officer of the Electricity Board will be made available at the site when the counsel visit the place. Learned counsel on both sides may visit the place at any time on the afternoon of 6.4.2010 and post for final hearing on 7.4.2010. P.BHAVADASAN, JUDGE ma W.P (C) No.36988 of 2009 5 W.P (C) No.36988 of 2009 6