IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 26227 of 2009(W) -------------------------- PETITIONER(S): --------------- C.K.MOHAMMED SHAREEF, AGED 38 YEARS, S/O.HASSAN MOYIN, CHERALAKKODAN HOUSE, PERUMBILAD, CHUNGATHARA, NILAMBUR TALUK, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE,EDAKKARA. 2. SOMAN, AGED 28 YEARS,S/O.KUTTIVELLAN, CHOLKKAL VEEDU, PERUMBILA, PALLIKKUTH, CHUNGATHARA, NILAMBUR TALUK, MALAPPURAM DIST. 3. INDIRA,AGED 50 YEARS, W/O.KUTTIVELLAN, CHOLKKAL VEEDU, PERUMBILA, PALLIKKUTH, CHUNGATHARA, NILAMBUR TALUK,MALAPPURAM DIST. GOVT.PLEADER SRI.P.RAVINDRA BABU -R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.26227 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the assignment deed No.1499/1990 of the Sub Registrar Office Edakkara. Ext.P2: True copy of the request for police protection dated 18.08.09. Ext.P3: True copy of the receipt issued by 1st respondent dated 19.08.2009. Ext.P4: True copy of the wound certificate issued by the medical officer Taluk Head Quarters Hospital Nilambur, dt.04.10.09. Ext.P5: True copy of the FIR in Cr.No.222/2009 of Edakkara Police station. Ext.P6: Photographs showing the lie and nature of the 'thodu' Ext.P7: True copy of the sketch prepared by the village officer. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 26227 OF 2009 --------------------------------------------- Dated this the 14th day of October, 2009 JUDGMENT Kurian Joseph, J. Petitioner approached this Court seeking police protection against the interference of respondents 2 and 3 in the matter of peaceful enjoyment of his property. Having interacted with the parties, we found that the basic cause was lack of proper understanding among the neighbours. The parties were directed to be present before us. We had the assistance of Adv.Shiraz Abdulla M.S, as Conciliator. It is heartening to note that the parties have decided to settle the disputes among them. We appreciate the steps taken by the parties to forget and forgive and be good neighbours for ever. In terms of the settlement, the petitioner will provide a pipeline through the property to drain out the water so that no disturbance is caused to the respondent or others in the neighbourhood. The parties, who were present before us, submitted that they will not give room for any disputes hereafter. 2. In connection with the disputes, we find that the petitioner had filed a complaint before the police and the police had registered a case as W.P.(C) NO.26227 of 2009 2 Crime No.222/09 on the file of the Edakkara Police Station. Now that, peace has been purchased among the parties, in order to secure the ends of justice, we feel that it is not necessary for the police to continue the proceedings. Accordingly, the proceedings in F.I.R 222/09 of Edakkara Police Station are quashed. The party respondents submitted that they will not pursue the complaint sent to various authorities as an offshoot to the difference of opinion referred to above. Therefore, the complaints filed by the party respondents against the petitioner as also against members of his family before various authorities need not be pursued. The parties will render necessary co-operation to each other for laying the pipeline. Parties before us also submitted that in view of the six ft. long pathway provided by the petitioner for access to party respondents and others to the main road, party respondents have no objection in closing the other pathways. The above submission is also recorded. We make it clear that it will be open to the party respondents to maintain the above said six ft. wide road. Before parting with the case, we record our appreciation to the service rendered by Adv. Sri.Shiraz Abdulla M.S for settling the disputes as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc