IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31407 of 2009(U) PETITIONER(S): -------------------- DR.T.K.AJAYAKUMAR BABU, AGED 42 YEARS, S/O.CHOYIKUTTY, TUITOR, HOMOEO COLLEGE, KARAPPARAMBU, PANCHAVADI, AMRUTHA HOUSE, NEAR JEEVAN BHIMA NAGAR (LIC FLAT), VENGERI AMSOM, KARUVASSERI DESOM, KOZHIKODE TALUK. BY ADV. SRI.R.SUDHISH RESPONDENT(S): --------------------- 1. THE COMMISSIONER OF POLICE, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE. 3. THE ASSISTANT SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE. 4. RADHAKRISHNAN NAIR, S/O.VELAYUDHAN NAIR, "KRISHNA KRIPA", ESTEEM VILLA, VENGERI AMSOM, KARUVASSERI DESOM,KOZHIKODE TALUK, PRESIDENT, ESTEEM VILLA RESIDENTS ASSOCIATION, KARAPPARAMBU, KOZHIKODE-673 010. BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31407 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE JUDGMENT DATED 13.10.2009 IN O.S.NO.384/2007 OF I ADDL. SUB COURT, KOZHIKODE. EXT.P2: TRUE PHOTOGRAPHS SHOWING THE CONSTRUCTION MADE BY THE 4TH RESPONDENT. EXT.P3: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 16.10.2009. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C) No.31407 of 2009 ----------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT KURIAN JOSEPH,J. The petitioner approached this court complaining of police harassment. Finding that there is an element of settlement, we directed the parties to the Kerala Mediation Centre. Learned Mediator has filed a report stating that the parties have settled the disputes between them, in the following terms: “1. That the newly constructed 3 meter wall made of partially RIC and partially hollow bricks will be demolished by the 4th respondent, so as to enable the petitioner to take the vehicle bearing Regn.KL-11 AC/136 out of the compound of the petitioner, within 3 days from today. If the 4th respondent does not demolish the same within 3 days, the petitioner is at liberty to demolish the same, as mentioned above. 2. The petitioner will construct a temporary bamboo poll gate along with the petitioner's wall and will lock the same, so as to block the demolished of the wall and entrust the key to the 4th respondent within 3 days from the date of demolish. If the petitioner fails to do so, the 4th respondent is at liberty to construct a gate, as mentioned above, keep it locked and keep the key with him. 3. The petitioner hereby undertakes that he will not use the property in dispute in any manner, either W.P(C)No.31407 of 2009 :: 2 :: for pedestrian or vehicular traffic till the disposal of application for temporary injunction submitted in A.S.No.232 of 2009 before the Prl. District Court, Kozhikode. 4. The parties also agreed to request the Hon'ble High Court to give necessary directions to the Prl. District Court, Kozhikode, where Appeal No.232/2009 is pending to consider and dispose of the appeal, A.S.No.232/2009 within a time limit to be fixed by this Hon'ble Court, preferably within 3 months. 5. The petitioner and the 4th respondent agreed that they have no objection in this Hon'ble Court quashing the FIR and further proceedings relating to Cr.588/09 and 586/09 of Nadakkavu Police Station. 6. The parties agree that the above agreement is without prejudice to both of them to take all available contentions in the Appeal 232/2009 pending before the Prl. District Court, Kozhikode.” The above terms are recorded. 2. There will be a direction to the Principal District Court, Kozhikode to dispose of A.S.No.232/09 within a period of three months from the date of production of a copy of this judgment. We find that the parties have pursued certain complaints before the police and the W.P(C)No.31407 of 2009 :: 3 :: police have registered Crime Nos.586 and 588 of 2009 of the Nadakkavu Police Station. 3. Learned Government Pleader submits that the police have also registered Crime No.584/09. Since the parties have settled their disputes between them and since they have purchased peace, we are of the view that those cases need not be pursued. To secure the ends of justice, we quash the above mentioned cases involving the parties. 4. Towards the Mediator's fee, both parties are directed to pay an amount of Rs.1,500/- each, within a week from today. Writ petition is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//