IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 12699 of 2010(J) ------------------------------------------------ PETITIONER(S): --------------------- KISHORE SEBASTIAN,S/O.E.A.SEBASTIAN, AGED 50 YEARS,RESIDING AT EDATTU HOUSE, PALA PO. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, (ADDITIONAL CHIEF SECRETARY),SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE,PALA. 3. CIRCLE INSPECTOR OF POLICE, PALA. 4. SUB INSPECTOR OF POLICE, PALA. 5. E.A.SEBASTIAN @ APPU, AGED 69 YEARS, EDATTU HOUSE, PALA. ADDL.R6: GEETHA GIJU, W/O.GIJU, AITHAMATTATHIL, CHIRAKKADAVU P.O., KANJIRAPPALLY TALUK. ADDL.R7: SUNNY SEBASTIAN, S/O. E.A. SEBASTIAN, EDATTU HOUSE, PALA. ADDL.R8: SIBY SEBASTIAN, S/O. E.A. SEBASTIAN, EDATTU HOUSE, PALA. W.P.(C).NO.12699 OF 2010 J ADDL.R9: SURESH SEBASTIAN, S/O. E.A. SEBASTIAN, EDATTU HOUSE, PALA. (ADDL.R6 TO R9 ARE IMPLEADED AS PER ORDER DATED 21.6.2010 ON I.A.NO.8075 OF 2010). R1 TO R4 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.P.C.HARIDAS FOR R5 SRI.S.MANU FOR ADDL.R7 TO 9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO. 12699 OF 2010 J PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE JUDGMENT DATED 17.11.2009 IN OS.NO.69/2007 AND OS.NO.55/2008 OF THE SUB COURT, PALA. EXT.P2TRUE COPY OF THE F.I.R. IN CRIME NO.427/2010 OF THE PALA POLICE STATION. EXT.P3TRUE COPY OF THE COMPLAINT DATED 23.2.2010 FILED BY THE PETITIONER. EXT.P4TRUE COPY OF THE ACKNOWLEDGMENT DATED 17.2.2010. EXT.P5TRUE COPY OF THE ACKNOWLEDGMENT DATED 23.2.2010. EXT.P6TRUE COPY OF THE NOTICE PUBLISHED AND DISTRIBUTED BY THE FIFTH RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5A TRUE COPY OF THE MEDICAL CERTIFICATE. EXT.R5B TRUE COPY OF THE FIR IN CRIME NO.389/10 OF PALA POLICE STATION. EXT.R5C TRUE COPY OF THE FIR IN CRIME NO.528/10 OF PALA POLICE STATION. EXT.R5D TRUE COPY OF THE NOTICE PUBLISHED BY THE 5TH RESPONDENT. EXT.R5E TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.14517/07. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO.12699 OF 2010 J --------------------------------------------------- Dated this the 21st June, 2010 JUDGMENT K.M. Joseph, J. This is a Writ Petition where police protection is sought for conduct of the petitioner's business in Rajadhani Hotel in the Pala Municipal Town. The matter was referred for mediation. A Report is submitted by the Mediator. It is reported that all the disputes have been settled and an out of Court Settlement Agreement is also embedded. We take note of the Settlement Agreement which is submitted by the parties dated 11.6.2010. We dispose of the Writ Petition, taking note of the agreement between the parties and direct respondents 2 to 4 to render effective protection to the petitioner for the conduct of his business Rajadhani Hotel in Pala Municipal Town as against any obstruction from the fifth respondent. This is subject to the condition that the petitioner will continue to abide by the terms WPC.12699/2010 J 2 of the Agreement. Petitioner will pay a sum of Rs.20,000/= (Rupees Twenty Thousand) to the Mediator, namely Shri B. Raghunandanan within a period of two weeks from today. Petitioner and the party respondents shall be furnished copies of the Settlement along with this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge