IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 25183 of 2009(P) -------------------------- PETITIONER(S): --------------- 1. CHANDRASEKHARAN NAIR, AGED 63 YEARS, S/O.RAMAN NAIR, ARRACKAL HOUSE, KOTHAMANGALAM TALUK, ERAMALLOR VILLAGE. 2. P.K.SATHI, AGED 50 YEARS, W/O.CHANDRASEKHARAN NAIR, S/O.RAMAN NAIR, ARRACKAL HOUSE, KOTHAMANGALAM TALUK, ERAMALLOR VILLAGE. 3. SREEKALA.C, AGED 19 YEARS, D/O.CHANDRASEKHARAN NAIR AND P.K.SATHI, ARRACKAL HOUSE, KOTHAMANGALAM TALUK, ERAMALLOR VILLAGE. BY ADV. SRI.P.SATHISAN RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, ALUVA (RURAL). 2. CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM. 3. A.K.THANKAPPAN NAIR, S/O.KRISHNAN NAIR, ARRACKAL HOUSE, KOTHAMANGALAM TALUK, ERAMALLOR VILLAGE. 4. PURUSHOTHAMAN NAIR, S/O.KRISHNAN NAIR, ARRACKAL HOUSE, KOTHAMANGALAM TALUK, ERAMALLOR VILLAGE. 5. SURENDRAN NAIR, S/O.KRISHNAN NAIR, ARRACKAL HOUSE, KOTHAMANGALAM TALUK, ERAMALLOR VILLAGE. 6. NARAYANAN NAIR, S/O. KRISHNAN NAIR, ARRACKAL HOUSE, KOTHAMANGALAM TALUK, ERAMALLOR VILLAGE. 7. SUB INSPECTOR OF POLICE, KOTHAMANGALAM. ADV. SRI.C.DILIP FOR R3 TO R6 GOVT. PLEADER SRI. P. RAVINDRA BABU -R1,R2, R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 25183/2009 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: Order issued by the District Police Superintendent dated 07/07/1999. Ext.P2: An FIR copy dated 30/04/2008, the complaint filed by 1st petitioner which is pending before Judicial First Class Magistrate Court at Kothamangalam. Ext.P3: A detailed submission produced before 1st respondent dasted 10.6.2008. Ext.P4: A complaint submitted before the Sub Inspector of Police, Kothamangalam by first petitioner dated 20.8.2009. Ext.P5: Memo issued from Hospital authorities. Ext.P6: A copy of the FIR registered against respondents 4, 5 and 7. Ext.P7: Petition submitted before the 7th respondent by the petitioner dated 25.8.2009. Ext.P8: Acknowledgement issued by the 7th respondent. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 25183 OF 2009 --------------------------------------------- Dated this the 13th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: “Issue a writ of mandamus or such other writ or direction directing 1st respondent to extend adequate protection to the life of petitioners from respondents 3 to 6 and their men or agents and further to conduct an enquiry in the matter after summoning all the material witnesses and records in the matter.” 2. Having realised that the basis of the dispute is one regarding partition of the property among the members of the family, we directed the parties to be present before the Kerala Mediation Centre. Adv. Smt. Lalitha Nair, the learned Mediator filed a report stating that the parties have settled their disputes in the following terms: i. The petitioners and respondents 3 to 6 have mutually agreed to settle their dispute pending before Sub Court, Perumbavoor (Transferred A.S. No. 113/2006 of Sub Court, Muvattupuzha. ii. For the purpose of settlement the parties have decided to measure out the disputed properties by Kothamangalam Taluk Surveyor. The survey has to be done based on all documents produced by either side W.P.(C) NO. 25183/2009 2 before the Munsiff Court and Sub Court at Muvattupuzha. iii.The parties have also agreed to make proper application and measurement before the Taluk Surveyor without any delay and expressed their readiness to share equally all the expenses for the survey. 3. In view of the settlement as above, no further orders are necessary in this Writ Petition. It is made clear that in the event of the parties taking law into their hands, it will be open to the aggrieved party to approach the police in which case, the police will render necessary protection for violation of the agreement referred to above. It is made clear that the parties are free to approach the Sub Court, Muvattupuzha for appropriate orders regarding measurement of the properties. The Writ Petition is disposed of as above. The parties are directed to pay Rs.1,000/- each to the learned Mediator Adv. Smt. Lalitha Nair towards remuneration, within two weeks from today. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 25183/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.25183/2009 JUDGMENT 13th October, 2009 W.P.(C) NO. 25183/2009 4