IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26247 of 2009(A) -------------------------- PETITIONER(S): --------------- SHYAMKUMAR, S/O. RAGHAVAN, SREEMANGALAM, VALIAKUNNU, ATTINGAL BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, ATTINGAL. 3. P. SUBASH CHANDRAN, PROPRIETOR, NOBLE CONSTRUCTIONS, PKR BUILDINGS, ATTINGAL P.O. ADV. SRI.V.SURESH FOR R3 SRI.G.SUDHEER FOR R3 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.26247/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE ORDER IN IA NO.781/09 IN O.S.NO.147/09 OF THE SUB JUDGE, ATTINGAL DATED 7-8-2009 EXT.P2. TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31-8-2009. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.26247 of 2009 ----------------------------------------- Dated this the 1st day of October, 2009 JUDGMENT Kurian Joseph,J. Petitioner approached this court seeking police protection. Finding that there is an element of settlement we directed the parties to be present before the Kerala Mediation Centre. Now the Mediator, Advocate P.T.Girijan, has reported that the parties have resolved their disputes in the following terms:- 1. The petitioner and the 3rd respondent are hereby agreed for appointment of an expert commissioner before the Court below to assess the construction work of the petitioner carried out by the 3rd respondent. 2. The 3rd respondent hereby agreed that he will remove his materials and implements stored in the construction site on the date of visit of expert commissioner. 3. The 3rd respondent agrees that he will not cause any obstruction to the further construction of the building by the petitioner, in view of the judgment passed in F.A.O. No.219/2009 by this Hon'ble Court. The above terms are recorded. In view of the above W.P(C)No.26247 of 2009 -:2:- settlement, it is submitted that no orders are necessary in this writ petition. In the unlikely event of violation of any of the terms of the settlement, it will be open to the parties to seek the assistance of Police. The writ petition is disposed of as above. We direct both parties to pay an amount of Rs.1,500/- each to the Mediator within two weeks. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.26247 of 2009 ---------------------------- JUDGMENT 1st October, 2009