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. 17831 of 2009(Y) PETITIONER(S): --------------- FAROOK KOYA,THANGAL,S/O.MUHAMMEDALI KOYA THANGAL,AGED 40 YEARS,RESIDING AT SAHARA HOUSE, KOTHETHU NAGAR,102 ULIYAKKOVIL.PO,KOLLAM. BY ADV. SRI.P.GOPINATH RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE,KOLLAM. 2. DEPUTY SUPERINTENDENT OF POLICE,KOLLAM. 3. CIRCLE INSPECTOR OF POLICE,EAST POLICE STATION, KOLLAM. 4. SUB INSPECTOR OF POLICE,EAST POLICE STATION,KOLLAM. 5. SAINUDEEN,AGED 50 YEARS,BUTCHER, POLAYATHODU MARKET,KOLLAM. 6. SAJEER,AGED 25 YEARS,S/O.SAINUDEEN, HALAL CHICKEN STALL,POLAYATHODU,KOLLAM. 7. SHERAFUDEEN,AGED 50 YEARS,NATIONAL NAGAR -123,VAYALILTHOPPU, PALAYATHODU,KOLLAM. 8. RANA,AGED 25 YEARS,S/O.SHERAFUDEEN, NATIONAL NAGAR-123,VAYALILTHOPPU,POLAYATHODU, KOLLAM. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R1-R4 SRI.S.ARUN RAJ FOR R6 SRI.AJAYA KUMAR. G FOR R7 & R8 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.17831/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true copy of the receipt of the petition filed by the petitioner on 27.3.2009 to the 2nd respondent. Ext.P2: A true copy of the FIR dated 5.6.2009. RESPONDENTS' EXHIBITS: Ext.R6(A): A true copy of the counter filed by the Kollam Corporation in W.P.(C) No. 12903 of 2009. Ext.R7(1): True copy of the representation filed by the 7th respondent before the Kollam Corporation. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 17831 OF 2009 --------------------------------------------- Dated this the 1st day of October, 2009 JUDGMENT Kurian Joseph, J. The petitioner approached this Court seeking police protection . On finding that there is an element of settlement, we directed the parties to appear before the Kerala Mediation Centre. It is reported that the matter has been settled. The learned Mediator has filed a report dated 30.9.2009 incorporating the terms of settlement which reads as follows: i. The petitioner apprehends that respondents 5 to 8 will use intimidation and force to prevent the petitioner from carrying out construction and other activities in a plot of land belonging to him on the basis of valid permit and permission granted by the concerned authorities. Respondents 5 to 8 undertake that they will not cause any obstruction to the works being carried out by the petitioner on the basis of valid permission. ii. The respondent shall be entitled to raise objection before the appropriate authorities if the petitioner carries any illegal construction. iii.All the cases including criminal cases filed by the petitioner against respondents and all the cases including criminal cases filed by the respondents against the petitioner (including O.S.283/2009 pending before the Munsiff's W.P.(C) NO. 17831/2009 2 Court, Kollam and the criminal cases namely C.M.P. 380/2009) will be withdrawn. W.P.(C) 12903/2009 filed by the 6th respondent before the Honourable High Court will be adjudicated in the High Court. iv.Neither parties shall threaten or use criminal force against each other. 2. It is submitted by both sides that the Writ Petition may be disposed of in terms of the settlement extracted above. The above submissions are recorded. The Writ Petition is accordingly disposed of in terms of the above settlement. It is made clear that in case of breach of the terms of compromise, it will be open to the parties to approach the police, in which case the police will render necessary and effective protection to them. Both sides will pay an amount of Rs.1,500/- (Rs. One thousand and five hundred only) each to the learned Mediator Adv. Smt. G. Krishnakumari within two weeks from today, towards remuneration. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 17831/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.17831/2009 JUDGMENT 1st October, 2009 W.P.(C) NO. 17831/2009 4