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 WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WA.No. 1110 of 2009 --------------------------- AGAINST THE JUDGEMENT IN OP.7615/2001 Dated 30/03/2009 .................... APPELLANTS/RESPONDENTS 4 & 5: --------------------------------------------------- 1. ABRAHAM JOSEPH, MANKUTHEL HOUSE POOMAMKANDOM, VATHIKUDY VILLAGE, IDUKKI. 2. XAVIER JOSEPH MANKUTHEL HOUSE, MURIEKKASSERRY PO, IDUKKI DISTRICT. BY ADV. SRI.JOMY GEORGE SRI.M.J.BENNY SRI.ABRAHAM K.JOHN RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3: ----------------------------------------------------------------------------- 1. LALY XAVIER, MANKUTHEL HOUSE 16TH KANDAM, MURIEKKASSERRY PO, IDUKKI DISTRICT. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, IDUKKI 4. THE SPECIAL TAHSILDAR (LA) MURIEKKASSERRY PO, IDUKKI, P.O.IDUKKI. R1 BY ADV. SRI.RAJU JOSEPH R2 TO R4 BY GOVERNMENT PLEADER SMT.SMITHA BABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A.No.1110 of 2009 ------------------------------------------ Dated this the 3rd day of February, 2010 JUDGMENT Kurian Joseph, Ag. C.J. Respondents 4 and 5 in the writ petition are the appellants. The first appellant is the brother of the second appellant who is the husband of the writ petitioner. The writ petition was filed by the wife aggrieved by the order passed by the District Collector cancelling the patta granted in her favour. The learned Single Judge disposed of the writ petition setting aside Ext.P9 order. There was also a direction to restore patta in favour of the writ petitioner. Still further, there is an order to pay costs to the tune of Rs.10,000/-. 2. When the writ appeal came up for admission earlier, finding that it is essentially a dispute among the members of the family, we directed the parties to be present before the Court. Though we made several attempts for an amicable reconciliation, chances seem to be remote. Be that as it may, in view of such attempts made by this Court, the parties have W.A.No.1110 of 2009 - 2 - entered into a settlement with regard to resolution of the disputes among them. The parties have jointly filed a memo dated 2nd February, 2010 stating the terms of settlement. The following are the terms: 1. The Ground Floor of the building constructed in the land bearing Sy.No.1/3 of Vathikudy Village in Udumbanchola Taluk having an extent of 0.062 Hector is given to the 1st respondent in the Appeal namely Smt.Laly Xavier absolutely with right to sell, mortgage, lease etc. 2. The First Floor of the above said building will be retained by the 2nd Appellant namely Xavier Joseph absolutely with right to sell, mortgage, lease etc. 3. The 1st respondent will have the right to construct another floor over the existing floor of the said building as and when required and the Appellants will not have any right over the said building. 4. An extent of 0.045 Hector of land bearing Sy.No.84/8 of Vathikudy Village of Udumbanchola Taluk will be given to the 1st respondent absolutely with right to sell, mortgage etc. The Appellants will not have any right over the said property in whatsoever manner. W.A.No.1110 of 2009 - 3 - 5. The 1st respondent will have the right of way to enter the ground floor and the Appellants will not in any manner obstruct the same. 6. The parties shall do whatever necessary to effect the necessary changes in the revenue records.” The above terms of settlement are recorded. The writ appeal is disposed of in terms of the settlement between the parties as recorded above. The judgment of the learned Single Judge would stand modified to that extent. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns