IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 32938 of 2009(J) -------------------------- PETITIONER(S): --------------- ANTHO JOSEPH, AGED 65 YEARS, S/O. ANTHO, NADUVILATHARA HOUSE, KUMBALANGHI VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, PALLURUTHY POLICE CIRCLE, KOCHI. 2. XAVIER, S/O. VAKKACHAN, KANAKKASSERY HOUSE, KUMBALANGHI VILLAGE, KOCHI TALUK, KOCHI-7. 3. MERCY XAVIER, W/O. XAVIER, KANAKKASSERY HOUSE, KUMBALANGHI VILLAGE, KOCHI TALUK, KOCHI-7. 4. XAVIER JOY, KONNULLY HOUSE, KUMBALANGHI VILLAGE, KOCHI TALUK, KOCHI-7. 5. RINCY XAVIER, W/O. XAVIER JOY, KONNULLY HOUSE, KUMBALANGHI VILLAGE, KOCHI TALUK, KOCHI-7. BY GOVT. PLEADER SRI. T.K. VIPINDAS -R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 32938/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true copy of the judgment in O.S. No.21/2009 dated 12.06.2009 of the Hon'ble Munsiff Court, Kochi. Ext.P2: A true copy of the mahazar and report submitted by the advocate commissioner appointed by the Munsiff Court, Kochi in O.S. No.21/2009. Ext.P3: A true copy of the certificate issued by the Kumbalanghi Grama Panchayat dated 21.01.2009 RESPONDENTS' EXHIBITS:NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 32938 OF 2009 --------------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: “Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 1st respondent not to prevent the petitioner from carrying out the construction work in the plaint B schedule property and not to harass the petitioner and his wife any further on the basis of Ext.P1 judgment.” On finding that there is an element of settlement, we directed the parties to be present before the Kerala Mediation Centre. The learned Mediator has submitted a report to the effect that the disputes have been settled between the parties and a memo of settlement also has been filed by the learned Mediator. The said memo of settlement will form part of the judgment. W.P.(C)NO. 32938/2009 2 The Writ Petition is, therefore, disposed of in terms of the settlement. The parties are directed to pay an amount of Rs.1,000/- each to the learned Mediator. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 32938/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.32938/2009 JUDGMENT 30th November, 2009 W.P.(C)NO. 32938/2009 4