IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 22711 of 2009(H) -------------------------- PETITIONER(S): --------------- CHUMMAR, S/O.MATHEW, AGED 87 YEARS, CHUNKATH HOUSE, KAVANAMCHITTOOR DESOM, CHOVVANNUR P.O., KUNNAMKULAM VIA, THRISSUR. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, S.P.OFFICE, AYYANTHOLE, THRISSUR-3. 2. CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM CIRCLE OFFICE, KUNNAMKULAM P.O., THRISSUR DISTRICT. 3. SUB-INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM P.O., THRISSUR. 4. PUSHPAKARAN, S/O.KUNJIMON, THAIVALAPPIL HOUSE, CHOVVANNUR P.O., KUNNAMKULAM VIA, THRISSUR DISTRICT. 5. SHAJI, S/O.KUNJUMON, THAIVALAPPIL HOUSE, CHOVVANNUR P.O., KUNNAMKULAM VIA, THRISSUR DIST. 6. MANIKANDAN, S/O.KUNJUMON, THAIVALAPPIL HOUSE, CHOVVANNUR P.O., KUNNAMKULAM VIA, THRISSUR DIST. 7. INDIRA, W/O.DASAN, THAIVALAPPIL HOUSE, CHOVVANNUR P.O., KUNNAMKULAM VIA, THRISSUR DISTRICT. ADV. SRI.SANTHEEP ANKARATH FOR R4 & 5 SMT.N.N.PRASEEDA FOR R4 & 5 GOVERNMENT PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.22711/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE COMMISSION REPORT DATED 29-12-2008 IN IA NO.1452/07 IN O.S.493/03 OF MUNSIFF COURT, WADAKANCHERY EXT.P2. TRUE COPY OF THE SURVEY REPORT DATED 1-12-08 IN O.S.493/03 EXT.P2(a) TRUE COPY OF THE SURVEY SKETCH DTD. 1-12-08 OF THE SURVEY OFFICE EXT.P3. TRUE COPY OF THE JUDGMENT IN O.S.NO.493/03 DATED 15-6-09 ON THE FILE OF THE MUNSIFF COURT, WADAKANCHERRY EXT.P4. TRUE COPY OF THE DECREE IN O.S.493/03 DTD. 15-6-09 OF MUNSIFF COURT, WADAKANCHERY. EXT.P5. TRUE COPY OF THE COMPLAINT DTD. 1-8-09 SUBMITTED TO 1ST RESPONDENT. EXT.P6. TRUE COPY OF THE COMPLAINT DTD. 1-8-09 SUBMITTED TO 2ND RESPONDENT. EXT.P7. TRUE COPY OF THE COMPLAINT DTD. 1-8-09 SUBMITTED TO 3RD RESPONDENT. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.22711 of 2009 ----------------------------------------- Dated this the 28th 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 the Kerala Mediation Centre. We find from the report of the learned Mediator that the disputes have been settled in the following terms:- 1. Both parties will obtain survey sketch of their properties which is produced before the Munsiff Court, Vadakanchery in O.S.No.493/2003 and will present before the Village Officer. 2. The Village Officer will measure the two properties and will fix the boundary. 3. Boundary wall will be constructed in presence of Police. 4. The expense for the measurement will be met by both parties equally. 5. All the pending petitions will be withdrawn by the respective parties. 6. If any trees found on the boundary that will be cut and divided between the parties as per the percentage of ownership decided by the Village Officer. W.P(C)No.22711 of 2009 -:2:- The writ petition is hence disposed of directing the Village Officer, Chovvannoor to render necessary assistance for the measurement referred to in the settlement. The Police will also render necessary protection for the construction of the compound wall as per the measurement, in case there is any obstruction from any quarter. The parties are directed to pay an amount of Rs.1,500/- each to the Mediator towards fees. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.22711 of 2009 ---------------------------- JUDGMENT 28th October, 2009