IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WA.No. 148 of 2010 ------------------------------ AGAINST THE JUDGEMENT IN WPC.26760/2004 Dated 02/06/2009 .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- SREEKUMARAN NAIR, S/O.RAGHAVAN PILLAI, AGED 63 YEARS, RESIDING AT T.C.31/991, PALKULANGARA, TRIVANDRUM. BY ADV. SRI.K.P.SREEKUMAR RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2: --------------------------------------------------------------------------- 1. KARUNAKARAN PILLAI, AGED 65 YEARS, S/O.KANNAN PILLAI, LEKSHMI VIHAR, T.C.31/990, PALKULANGARA P.O. TRIVANDRUM. 2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY LOCAL SELF GOVT. DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE CORPORATION OF TRIVANDRUM, REP. BY THE SECRETARY, TRIVANDRUM. R1 BY ADV. SRI.BLAZE K.JOSE R2 BY GOVERNMENT PLEADER SMT.K.MEERA R3 BY STANDING COUNSEL SRI.N.NANDAKUMARA MENON THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A.No.148 of 2010 ------------------------------------------ Dated this the 4th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Two senior citizens are before us. They are neighbours. The unfortunate bickerings among the two families apparently gave rise to disputes on very small issues. But, that had its toll on the peace and tranquility among them for the last nearly a decade. Ultimately, the matter reached this Court in the form of writ petition and writ appeal. Following earlier orders issued by this Court, the parties sat face to face to resolve the disputes. With the effective intervention of Adv. Sri.M.K.Chandramohan Das, the disputes essentially flew away in a day. With all promptitude, the parties and their families had also a common lunch and dinner. That, in fact, took off even the conditions that they had imposed on themselves in the negotiation in the presence of Sri.Chandramohan Das. As of now, the parties are ultimately happy that they are able to restore peace among themselves and state that W.A. No.148 of 2010 - 2 - they have even withdrawn certain conditions that they had wanted to put among themselves earlier, even if the matter is being settled. 2. Accordingly, Sri.Sreekumaran Nair agrees that the windows of Sri.Karunakaran Pillai which were treated as offensive could continue to remain as they are, but Sri.Karunakaran Pillai would keep that window panes closed. This is acceptable to Sri.Karunakaran Pillai. They have also entered into clear understanding between them as to the proper use of the windows and no further disputes subsists between them. We record our appreciation for the intervention made by learned counsel on both sides and also the efforts extended by Sri.M.K.Chandramohan Das to bring this happy ending. 3. As a result of the aforesaid situation, W.A.No.148 of 2010 and W.P.(C) No.26760 of 2004 from which this writ appeal arise will stand ordered as closed freezing for all times, the order that was impugned in the writ petition. Following this, it is suggested by both sides that they do not want to continue with W.A. No.148 of 2010 - 3 - A.S.No.3 of 2009 and A.S.No.4 of 2009 pending before the Sub Court-I, Thiruvananthapuram, arising from O.S.No.1015 of 2005 and O.S.No.1064 of 2005 of the II Additional Munsiff's Court, Thiruvananthapuram. Accordingly A.S.No.3 of 2009 and A.S.No.4 of 2009 pending before the Sub Court-I, Thiruvananthapuram are hereby withdrawn to this Court in exercise of the powers under Article 227 of the Constitution of India and those two appeals are treated as infructuous and ordered to stand closed. The Registry will inform the Sub Court-I, Thiruvananthapuram about this judgment. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns