BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : SHRI.M.R.RAJENDRAN NAIR (SR.ADVOCATE, HIGH COURT OF KERALA) & SMT.K.SREELATHA DEVI (RETD. DIST.JUDGE) TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 5911 of 2010(L) ------------------------ PETITIONER(S): ------------- V.A.MUHAMMED BASHEER, VADAKKEDATH, KUMMANAM.P.O. KOTTAYAM DISTRICT. BY ADV. SMT.C.K.SHERIN SRI.A.D.SHAJAN RESPONDENT(S): ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. SUB INSPECTOR OF POLICE, KUMARAKAM POLICE STATION, KUMARAKAM, KOTTAYAM DISTRICT. 4. THE TAHSILDAR, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 5. VILLAGE OFFICER, CHENGALAM (SOUTH), KOTTAYAM DISTRICT. 6. GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE,KOTTAYAM DISTRICT. 7. NOUSHAD S/O.ABOOBAKER, VADAKKEDATH HOUSE, KUMMANAM.P.O., KOTTAYAM DISTRICT. 8. NIZAR, S/O. KUNJUMOIDEEN, VADAKKEDATH HOUSE, KUMMANAM.P.O.,KOTTAYAM. 9. THAJUDEEN, VADAKKEDATH HOUSE, KUMMANAM.P.O.,KOTTAYAM. 10.KAIKUTTY, PADATHARAYIL HOUSE, PULIMKUNNEL,KUMMANAM.P.O.,KOTTAYAM. 11.BAIJU, PAYYAMTHARAYIL HOUSE, KUMMANAM.P.O.,KOTTAYAM. 12.NAJEEB, KIZHAKKAYIL, KUMMANAM.P.O.,KOTTAYAM. 13.SUNEER, KARIMPUMALIL, KUMMANAM.P.O.,KOTTAYAM. ADV. MR.LIJI.J.VADAKEDOM FOR R7-13 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR DETERMINATION BEFORE THE LOK ADALAT ON 30/03/2010, THE ADALAT ON THE SAME DAY DELIVERED THE FOLLOWING: SRI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SMT.K.SREELATHA DEVI (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.5911 OF 2010 - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 30TH DAY OF MARCH, 2010 A W A R D Writ petitioner and his counsel and respondents 7,9,11,12 and counsel for the respondents 7 to 13 are present. Respondents 1 to 6 are represented by Mr.R.Premsankar/ Government Pleader. The petitioner and contesting party respondents 7 to 13 have resolved their disputes on the following terms and conditions. The respondents 7 to 13 pointed out that there was already a settlement before the Tahsildar Kottayam on 17.06.2009, according to which the pond will be constructed with 12 feet depth from the bund level. The bund referred to in clause(2) of that settlement was described as a bund having 16 feet width at the highest level of the property around the pond. Today after further deliberations, parties agree that the earth and sand removed from the pond will not be transported beyond this 16 feet which is the width of the bund being constructed around the pond. The writ petitioner also agrees that the construction of the fish pond will be completed within 90 days from today that is on or before 30th June 2010. It is further agreed by the writ petitioner that the depth of the pond will in no case more than 12 feet from the highest level of the property around the pond. It is also agreed W.P.(C) NO.5911 /2010 2 by the writ petitioner that the bottom floor of the pond shall be at a uniform level. The parties have understood the level of the highest property around the pond as the hight of the land around the pond and not that of any compound wall. In other words, the level must be considered the level on which the trees stand even beyond the supporting wall. It is further agreed by the writ petitioner that this agreement will not in any way affect the rights of respondents 7 to 13 to claim damages from the petitioner in case any such damage is caused to their person or property on account of the activities of the writ petitioner. In view of this settlement, Writ Petition will stand closed. Sd/- M.R.RAJENDRAN NAIR (SENIOR ADVOCATE) Sd/- K.SREELATHA DEVI (RETD. DISTRICT JUDGE) ss/. //True copy// P.A to Judge