IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 25694 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. A.D.GOPAL SHENOY, AGED 62 YEARS, SON OF LATE A.P.DAMODARA SHENOY, A.N.GUNASHENOY AND BROTHERS, CHAMAKADA, MAIN ROAD, KOLLAM. 2. AJAY G.SHENOY, AGED 32 YEARS, SON OF A.D.GOPAL SHENOY, PADMALAYAM, BANERJEE ROAD, ERNAKULAM, KOCHI-682 018. BY ADVS. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM NORTH POLICE STATION, ERNAKULAM, KOCHI-682 018. 2. SULAIMAN, S/O.AMMU, THUNDIPARAMBIL, NALLUKANDAM LANE, DESABHIMANI ROAD, KALOOR, KOCHI-682 017. 3. M.M.MAHIN, S/O.LATE M.M.MOIDEEN, THUNDIPARAMBIL, NALLUKANDAM LANE, DESABHIMANI ROAD, KALOOR, KOCHI-682 017. 4. JAFFER, S/O.KUNJUMUHAMMED, CHETTIPARAMBIL, NALLUKANDAM LANE, DESABHIMANI ROAD, KALOOR, KOCHI-682 017. BY ADV. SRI.PEEYUS A.KOTTAM FOR R2 & R4 GOVT. PLEADER SRI. T.K. VIPINDAS-R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 25694/2009 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of decree dated 17.1.2006 in O.S. No. 731 of 2004 of Munsiff's Court, Ernakulam. Ext.P2: True photograph of demolished compound wall of 1st petitioner's property at Nallukandam Lane in Desabhimani Road at Kaloor in Ernakulam. Ext. P3: True copy of First Information Report dated 4.8.2009 lodged by 1st respondent before Additional Chief Judicial Magistrate (EO), Ernakulam, in Crime No.1451. Ext.P4: True copy of complaint dated 13.8.2009 submitted by 2nd petitioner to 1st respondent. Ext.P5: True copy of acknowledgement No.TI/PTM/P1/09EN (Receipt No.154) dated 13.8.2009 issued by 1st respondent to 2nd petitioner. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 25694 OF 2009 --------------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT Kurian Joseph, J. The second petitioner is present. The petitioners approached this Court seeking police protection in the matter of construction of certain portion of the compound wall allegedly demolished by the party respondents. Finding an element of settlement, we directed the parties to be present before us. Thanks to the corporation extended by the parties and their counsel and thanks particularly to the goodwill shown by the petitioners, we find that a settlement has been reached. The party respondents have handed over an amount of Rs.20,000/- towards cost of reconstruction of the compound wall, though much more has been spent by the petitioners towards the reconstruction and for providing a bell- mouth. On the suggestion made by this Court, the petitioners graciously submitted that they are prepared to forgo the balance and that they only want peace to prevail in the neighbourhood. W.P.(C)NO.25694/2009 2 2. Since the parties have amicably settled the disputes between them, to secure the ends of justice, all litigations pending between the parties should also be put an end to. In that view of the matter, we quash Crime No.1451 of 2009 on the file of Ernakulam Town North Police Station. We direct the respondents to be good neighbours hereafter and not to give room for any complaints. We record our appreciation for the goodwill shown by the petitioners in arriving at a settlement as above. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.25694/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.25694/2009 JUDGMENT 4th December, 2009