IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 29898 of 2009(F) -------------------------- PETITIONER(S): --------------- N.VIJAYAN,S/O. NANUKUTTY NADAR, PANDARATHOTTAM VEEDU, THIRUPURAM P.O., NEYYATTINKARA. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE (RURAL) THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM. 3. P.NALINI, PONAYIL VEEDU, THIRUPURAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 4. THE TAHSILDAR, NEYYATTINKARA TALUK. ADV. SRI.R.S.KALKURA FOR R3 SMT.KVP.JAYALEKSHMY FOR R3 R1, R2 & R4 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29898 of 2009 : 2 : APPENDIX PETITIONERS' EXHIBITS: EXT.P1: PHOTO COPY OF THE TAX RECEIPT DATED 26.11.2008 ISSUED BY THE VILLAGE OFFICER, THIRUPURAM VILLAGE. EXT.P2: PHOTO COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, THIRUPURAM VILLAGE DATED 30.6.2009. EXT.P3: PHOTO COPY OF THE SKETCH OF THE PROPERTY ISSUED BY THE VILLAGE OFFICER, THIRUPURAM VILLAGE. EXT.P4: PHOTO COPY OF THE RE-SURVEY PLAN IN FIELD NO.390 IN BLOCK NO.20 ISSUED BY THE SURVEYOR DATED 13.10.2000. EXT.P5: PHOTO COPY OF THE ISSUED TO THE PETITIONER BY THE SUPERINTENDENT OF POLICE, WOMEN'S CELL EXT.P6: PHOTO COPY OF THE APPLICATION DATED 8.10.2008 FILED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P7: PHOTO COPY OF THE REPORT DATED 12.10.2009 SUBMITTED BY THE VILLAGE OFFICER, THIRUPURAM TO THE TAHSILDAR. EXT.P8: PHOTO COPY OF THE COMPLAINT DATED 18.10.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9: PHOTO COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10.10.2009 . RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C) No.29898 of 2009 ----------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT KURIAN JOSEPH, J. The petitioner approached this court seeking police protection. Finding that there is an element of settlement, we directed the parties to the Kerala Mediation Centre. Learned Mediator has filed a report stating that the disputes have been settled in terms of the settlement, which read as follows: “1. Petitioner and 3rd respondent agreed to measure and fix the boundary as per re-survey plan which has to be done by the 4th respondent, Tahsildar, Neyyattinkara with 7 days notice to the parties. The decision of the Tahsildar will be accepted by the parties. 2. The petitioner shall withdraw Ext.P8 & P9 complaints dated 1.11.09 filed before the S.I. of Police, Poovar. 3. The 3rd respondent Nalini shall withdraw the complaint filed against the petitioner before the Human Rights Commission and Women Cell, Thiruvananthapuram.” The above terms are recorded. 2. It is submitted that in view of the settlement, no further orders are required in this writ petition. The writ petition is disposed of in terms of the settlement. In the event of any violation of the terms of the settlement, it will be open to the aggrieved party to W.P(C)No.29898 of 2009 :: 2 :: approach the 2nd respondent, in which case, the 2nd respondent will take appropriate action to ensure that law and order is maintained. 3. Towards the Mediator's fee, the petitioner and the 3rd respondent will pay an amount of Rs.1,000/- each, within two weeks from today. We also direct the 4th respondent Tahsildar, Neyyattinkara to take appropriate steps to measure the property, in terms of the settlement recorded above, within two weeks from the date of production of a copy of this judgment. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//