IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 26278 of 2009(D) -------------------------- PETITIONER(S): --------------- CHINNAN, AGED 55, S/O.LATE KUNJAN, PUTHUKKATTUTHARA HOUSE, CHERANALLORE, ERNAKULAM. BY ADV. SRI.MANU ROY RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, CHERANALLORE POLICE STATION, ERNAKULAM. 2. ANTONY @ ANTY, S/O.CHANDY, AZHEEKKAKATH HOUSE, CHERANALLORE. ADV. SMT.SIKHA G.NAIR FOR R2 GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.26278/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PLAINT IN O.S.NO.950/2009 OF THE MUNSIFF COURT, ERNAKULAM. EXT.P2. TRUE COPY OF ORDER DATED 16-9-2009 EXT.P3. TRUE COPY OF THE REPRESENTATION DATED 15-9-2009 / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.26278 of 2009 ----------------------------------------- Dated this the 23rd day of October, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- (i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to give adequate protection to the petitioner from the wrath of the 2nd respondent. Finding an element of settlement we directed the parties to the Kerala Mediation Centre. Learned Mediator Smt.Reziya.P.A. has submitted a report incorporating the terms of settlement, which read as follows:- 1. The petitioner and the 2nd respondent agreed to withdraw all the cases before all authorities against each other in connection with the above matter. 2. Both the parties have agreed to settle the matter by providing a pathway to the petitioner having a width of 4 links on the southern side of the 2nd respondent property and sufficient width of the property which shall not be less than 3.5 links on the western side of the property. W.P(C)No.26278 of 2009 -:2:- 3. The petitioner and his successors can use the above pathway for their ingress and egress only and that right shall not any way affect the utility of the building of the 2nd respondent or their successors in whatsoever manner. 4. The measurement of the pathway will be done in the presence of the mediator. After demarcating the pathway the mediator shall provide with the sketch and measurement of the pathway to the parties and on the basis of the above measurement Principal Munsiff's Court, Ernakulam may pass a compromise decree. In view of the steps thus taken by the mediation centre, the parties need not have any grievance, it is for them to take the follow up action. Therefore, in terms of the settlement as above, the writ petition is disposed of. The parties will pay an amount of Rs.2,500/- each to the mediator on completion of the demarcation of the property. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.26278 of 2009 ---------------------------- JUDGMENT 23rd October, 2009