IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 32567 of 2009(M) -------------------------- PETITIONER(S): --------------- RAJESH.C.R, AGED 29 YEARS, S/O. RAJAN NAIR, CHELLAYIL HOUSE, PUTHURUTHY POST, WADAKKANCHERY, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.V.V.JOY RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. CIRCLE INSPECTOR OF POLICE, WADAKKANCHERRY, THRISSUR DISTRICT. 3. VISWANATHAN, S/O. NARAYANAN NAIR, ILATHALAM ARTIST, THIRUVAMBADY, DEVASWOM TEMPLE, SHORNUR ROAD, PAATTURAYKAL, THRISSUR. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.D.ANIL KUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P.(C).No.32567 of 2009 -------------------------------- Dated this the 20th day of November,2009 JUDGMENT Kurian Joseph.J Petitioner approached this court seeking police protection. Finding an element of settlement we directed the parties to be present before the Kerala Mediation Centre. The dispute have been settled therein. The terms of the settlement are as follows:- 1. The parties settle the amount due from the petitioner to the third respondent at Rs.8,00,000/- (Rupees Eight Lakhs only). 2. The petitioner will repay the said amount by monthly instalments of Rs.10,000/- (Rupees Ten Thousand only) payable on or before the 15th of every calendar month, first repayment starting from 15th January 2010. 3. Additionally the petitioner will pay to the third respondents 50% of all recoveries made by petitioner from his debtors until full repayment of the dues. 4. In the event of any default in payment of the above amounts,the third respondent will be entitled to execute this judgment against the petitioner herein for such amount thus becoming due along with simple interest @6% per annum until discharge of such amount due. W.P.(C).No.32567 of 2009 2 5. The third respondent will not pursue any litigation or action on the basis of the 4 cheques (being (1) cheque No.121523 drawn on Dhanalakshmi Bank Ltd., Naickanal Branch, Trissur and Cheque No.978654 drawn on Vijaya Bank, Trissur Round West Branch both issued by petitioner's brother Mr.Ramesh and (3) Cheque No.5630169 drawn on Dhanalakshmi Bank Ltd., Cheruthuruthy Branch and (4) Cheque No.907439 drawn on City Union Bank Ltd., Trissur Round South Branch both issued by the petitioner himself to third respondent Sri.Viswanathan). 2. The above terms are recorded. The writ petition is disposed in terms of the settlement as above recorded. It is made clear that in the event of violation of any of the terms of settlement it will be open to the third respondent to get the terms executed treating the same as a decree passed by a civil court of competent jurisdiction, as agreed by the parties. 3. Towards remuneration to the mediator, the parties will pay an amount of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) each within a period of two weeks from today. KURIAN JOSEPH,JUDGE C.T.RAVIKUMAR,JUDGE ssn