IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 35822 of 2009(W) -------------------------- PETITIONER(S): --------------- VILASINI, D/O.GOURI, AGED 73 YEARS, MANGALATHU VEEDU, KOTTAMKARA, MUNDANCHIRA, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR SMT.M.A.ZOHARA (MEDIATOR) RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, TRIVANDRUM. 2. THE SUB INSPECTOR OF POLICE, PANGODU, TRIVANDRUM. 3. RETNAVALLY, W/O.KAMALASANAN, KANNAMPARA PUTHEN VEEDU, BHARATHANNUR, ANAKKUDI MURI, PANGODE, TRIVANDRUM. GOVT.PLEADER SRI.T.K.VIPINDAS-R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.35822 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the judgment in O.S.No.465 of 1990 dated 25.7.1994 of the Munsiff court of Nedumangadu. Ext.P2: True copy of the judgment in A.S.No.55 of 1996 of the Sub Court, Nedumangadu dated 30.8.1997. Ext.P3: True copy of the judgment in S.A.No.461 of 1998 of the Hon'ble High Court dated 27.10.99. Ext.P4: True copy of the complaint dated 23.11.2009. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 35822 OF 2009 --------------------------------------------- Dated this the 17th day of December, 2009 JUDGMENT Kurian Joseph, J. The petitioner approached this Court seeking protection for her life and property. Finding that there is essentially dispute between two neighbours, we directed the parties to be present before us in order to trash out the possibility of a settlement. We had the assistance of Adv. Smt. M.A. Zohra as conciliator. It is heartening to note that the parties have decided to settle the dispute and purchase peace by making small adjustments. They have entered into an agreement also regarding the terms of settlement. The following are the terms of settlement: i. The parties have agreed to solve their dispute by the petitioner giving 5 cents of land forming part of the plaint schedule property in O.S. 468/1990 of the Munsiff Court, Nedumangad towards the pathway to the 3rd respondent's property lying on the western side of the plaint schedule property. The land so given shall form the pathway and the adjacent portion which shall together be the total extent of the said 5 cents. The remaining area's possession shall immediately be handed over to the petitioner. It is also agreed that the respondent shall get the Release Deed executed for the said pathway from the petitioner by incurring the necessary registration expenses. ii. There shall be no further claim from the respondent with regard to the plaint schedule W.P.(C)NO. 35822/2009 2 property, as all claims and disputes stand settled by this compromise. The above terms of settlement are recorded. The Writ Petition is disposed of in terms of the settlement. We record our appreciation for the strenuous efforts taken by the learned conciliator to settle a dispute which has been pending in various courts ever since 1990. We also appreciate the generosity shown by the petitioner in surrendering a portion of her property extending to 5 cents only for the purpose of providing a pathway to the third respondent, though there is a judgment and decree in her favour, as confirmed by this Court. The third respondent obviously had no other go but to try her chances before the Apex Court. By this settlement, she does not have to spend her time, money or energy for such steps. Therefore, we direct the third respondent to pay an amount of Rs.5,000/- and the petitioner to pay an amount of Rs.2,500/- to the learned conciliator towards her remuneration, within two weeks from today. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 35822/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.35822/2009 JUDGMENT 17th December, 2009 W.P.(C)NO. 35822/2009 4