IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WA.No. 506 of 2009 -------------------- AGAINST THE JUDGEMENT IN WPC.30182/2008 Dated 18/11/2008 .................... APPELLANTS: -------------- 1. THANKARAJ SEBASTIAN, S/O. LATE C.L. SEBASTIAN, CHIRAYIL HOUSE, ETTUMANNOOR. 2. AMBIRAJ SEBASTIAN, S/O. LATE C.L. SEBASTIAN, CHIRAYIL HOUSE, ETTUMANNOOR. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN IYER SMT.LAKSHMI.N.KAIMAL RESPONDENTS: ---------------- 1. THE EXECUTIVE ENGINEER, K.S.T.P., MUVATTUPUZHA. 2. THE SPECIAL TAHSILDAR(L.A.)(N.H.) CHANGANASSERY. 3. BEENY RAJ SEBASTIAN, S/O. LATE C.L. SEBASTIAN, CHIRAYIL HOUSE, ETTUMANNOOR. R1 & R2 BY GOVERNMENT PLEADER, SMT.K. MEERA R3 BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 506 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 26th day of June, 2009 JUDGMENT Kurian Joseph, J. This is an appeal filed by the petitioners in the writ petition. The writ petition was filed praying for a direction to the 2nd respondent to refer the question whether any part of the building other than the veranda forms part of the acquisition, to the civil court under Section 49 of the Land Acquisition Act. There was also a prayer for a direction to respondents 1 & 2 not to demolish any part of the building owned by the petitioners and the 3rd respondent, except the Veranda. Petitioners and the 3rd respondent are brothers. The 3rd respondent is the youngest and the first petitioner is the eldest. 2. The learned Single Judge, after elaborately considering the fact situation, disposed of the writ petition directing respondents 1 and 2 to accept the option submitted WA No.506/09 -:2:- by the 3rd respondent in respect of room Nos. 1 to 5. A further direction was issued to demolish those five rooms and the upstair portions at the earliest. 3. The matter was pursued in appeal before this Court. Ever since 4th March 2009, this Court has been taking earnest efforts to find out a solution and for purchasing peace among the brothers. Despite all the efforts taken by this Court, the Kerala Mediation Centre and the respective counsel on both sides, and despite the alternative suggestions offered, it is unfortunate that the elder two brothers are not prepared to go for a settlement. The counsel who appeared on their behalf also expressed his inability and tendered apology for the inconvenience caused to this Court, in view also of wavering stand. Finally a submission was made to permit the appellants to withdraw the writ appeal unconditionally. We directed the parties to be present before us. The appellants are present before us, to confirm their stand. They submit that they want to withdraw the writ appeal unconditionally. Having gone to this extent and having taken several WA No.506/09 -:3:- efforts including the effort by the learned Government Pleader for further verification as to whether there is any possibility to retain the rooms belonging to the appellants in the row building and which according to the Engineers of the PWD is not possible, we feel the request to withdraw the writ appeal unconditionally cannot be permitted. Having argued the matter on merits, having realised the case to be weak and yet after having pursued the matter for settlement on various alternatives, there is no point in permitting the appellants to withdraw the writ appeal unconditionally. Therefore, we grant the permission on terms. The Writ Appeal is dismissed as above with cost to the tune of Rs.25,000/-. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.506/09 -:4:-