BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WA.No. 693 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.30644/2007 .................... APPELLANT: 4TH RESPONDENT IN WRIT PETITION --------------------------------------------------------------------------------- SMT.SINDHU M.C., AGED 36 YEARS, W/O. ADV. V.M.KRISHNAKUMAR, KOTTUPARAMBIL HOUSE, H.NO. 35/800, NORTH JANATHA ROAD, PALARIVATTOM P.O., EDAPPALLY SOUTH VILLAGE. BY ADV. SRI.RENJITH THAMPAN RESPONDENTS: PETITIONER & RESPONDENTS 1 - 3 & 5 IN W.P.(C). ---------------------------------------------------------------------------------------------------------- 1. SAJITH PADIYATH ABOOBACKER, MANAGING DIRECTOR, M/S. SUNSHINE ABODES PVT.LTD., PANAMPILLY NAGAR, COCHIN. 2. THE ASSISTANT EXECUTIVE ENGINEER, EDAPPALLY SECTION, OFFICE OF THE ZONAL OFFICE, CORPORATION OF COCHIN, EDAPPALLY, ERNAKULAM. 3. THE SECRETARY, REPRESENTED BY CORPORATION OF COCHIN, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, (URBAN DEVELOPMENT), THIRUVANANTHAPURAM. 5. SENIOR TOWN PLANNER, ERNAKULAM. ADDL. R6: DR. ASHIQUE AMAN, AGED 33 S/O. MUHAMMED ASHRAF PANDIKASALA HOUSE, COURT ROAD PONNANI (IMPLEADED AS ADDL. RESPONDENT NO:6 VIDE SEPARATE ORDER DT. 1.4.08 IN I.A.349/08) R2 TO 5 BY GOVT. PLEADER SHRI. S. DILEEP BY ADV. SRI.K.J.ALPHONS SRI.G.SREEKUMAR (CHELUR) THIS WRIT APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: JUSTICE P.K.SHAMSUDDIN (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- W.A.NO: 693 OF 2008 ------------------------------------------------------------- Dated this the 10 th April, 2008. A W A R D The appellant and respondents' counsel appeared. Town Planner of the Cochin Corporation also appeared. It was represented that the parties have come to an agreement on the following terms:- a) The appellant has no objection to the construction of the apartments with nine storeys in survey no: 169/2A which lies on the southern side of the appellant's property on condition that the first respondent will execute a registered document agreeing that he has no objection in the appellant constructing a building in her property in survey no: 169/2A abutting the southern boundary of the appellant's property within fifteen days. b) The first respondent also agreed that the generator room for the apartments and also the septic tank will not be constructed on the northern side of the first respondent's W.A.NO: 693/08 -2- property. c) It is also agreed that the first respondent will not construct any drainage on the northern side of his property. The appeal is settled in terms of the above agreement. JUSTICE P.K.SHAMSUDDIN RETIRED JUDGE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj