IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 24823 of 2009(W) -------------------------- PETITIONER(S): --------------- MARIYAMMA GEORGE, W/O. K.GEORGE SHYJU BHAVAN, NELLIVILA EDAVATTOM, VELLIMON.P.O., KOLLAM DIST. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. DISTRICT SUPERINTENDENT OF POLICE KOLLAM DIST. 2. THE SUB INSPECTOR OF POLICE KUNDARA POLICE STATION KOLLAM. 3. DAMODHARAN PILLAI.K.N., SWATHI, NELLIVILA EDAVATTOM, VELLIMON.P.O., KOLLAM. 4. KANAKARAJAN, CONTRACTOR, MULLASSERIL, EDAVATTOM, VELLIMON.P.O., KOLLAM. 5. RAJENDRAN, RENJITH BHAVAN, BACK SIDE OF KALLUSHAPPU CHEMMAKKADU.P.O., PERINADU, KOLLAM DIST. ADV. SRI.K.S.MANU (PUNUKKONNOOR) FOR R3-5 SRI.P.SREEKUMAR FOR R3-5 GOVT.PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.24823/2009 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE NOTICE DT. 19.8.2009 ISSUED TO THE PETITIONER. EXT.P2 : TRUE COPY OF THE NOTICE DT. 19.8.2009 ISSUED TO THE PETITIONER'S HUSBAND. EXT.P3 : TRUE COPY OF THE NOTICE DT. 19.8.2009 ISUSED TO THE PETITIONER'S SON. EXT.P4 : TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NOS.1 AND 2 DATED 21.8.2009. RESPONDENTS' EXHIBITS : EXT.R3A : TRUE COPY OF THE PETITION DT. 5.5.2008. EXT.R3B : TRUE COPY OF THE COMMUNICATION DT. 2.12.2008. EXT.R3C : TRUE COPY OF THE LETTER DT. 26.5.2009. EXT.R3D : TRUE COPY OF THE PHOTOGRAPHS. EXT.R3E : TRUE COPY OF THE PETITION DT. 5.8.2009. EXT.R3F : TRUE COPY OF THE PETITION DT. 18.8.2009. EXT.R3G : TRUE COPY OF THE FIR NO.884 DT. 26.8.2009. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.24823 of 2009 ---------------------------------------------- Dated 22nd September, 2009. J U D G M E N T Kurian Joseph, J. Petitioner approached this court praying for police protection. On going through the pleadings, we find that the issue pertains to the construction of a compound wall separating the respective properties. Therefore, we directed the parties to be present before us to explore the possibility of a settlement. We also had the assistance of Sri.T.K.Vipindas, learned Government Pleader before us. Thanks to the cooperation extended by the parties and their counsel and thanks to the efforts taken by the learned Conciliator, we find that the parties have decided to settle the disputes amicably. When they came to this court, they were not on talking terms and it is heartening to note that when they go out of this court, they go as friends. They have submitted in the open court that they will ever remain to be friends. In the process of conciliation, the parties have agreed that the construction of the compound wall will be completed at the expenses of the petitioner. It is also submitted that the petitioner will not cause any obstruction for plastering of WP(C) NO.24823/09 2 the existing compound wall. We direct the petitioner to complete the construction within six months. We hope that the parties will continue to strengthen their healthy relationship which they have resumed today and they should be the model neighbours for the entire people of the locality. In view of the settlement of the disputes as above, we are of the view that it is not necessary for the parties to continue any further litigation in this regard. Hence, in order to secure the ends of justice, the criminal proceedings are also to be put an end to. Accordingly, we quash the proceedings in FIR 884/09 on the file Kundara Police Station. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.24823 of 2009 ---------------------------------------------- J U D G M E N T Dated 22nd September, 2009.