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 TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WA.No. 1350 of 2009 ---------------------------- AGAINST THE JUDGEMENT IN WPC.15277/2009 Dated 04/06/2009 .................... APPELLANT/PETITIONER ------------------------------------ DHARMANANDAN,S/O.CHELLAPPAN,KANDATHIL VEEDU,AYATHIL CHERRY,KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS/RESPONDENTS --------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,COLLECTORATE,KOLLAM. 3. DEPUTY TAHSILDAR (REVENUE RECOVERY), COLLECTORATE,KOLLAM. 4. KERALA STATE HOUSING BOARD,REPRESENTED BY ASST.SECRETARY. 5. KERALA STATE HOUSING BOARD,KOLLAM DIVISION. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R4 & R5 BY STANDING COUNSEL ADV.SRI.A.JAYASANKAR & ADV.MANU GOVIND THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1350 of 2009 ------------------------------------------ Dated, this the 11th day of August, 2009 JUDGMENT S.R.Bannurmath, C.J. After hearing both the counsels as we felt that there is an element of settlement, by our order dated 7.8.2009, we directed both the parties to be present and now the parties have settled the dispute. The appellant has agreed to pay a sum of Rupees eight lakhs in full and final settlement and the Housing Board is agreeable for the same to give a quietus to the entire litigation. 2. In pursuance of the same the appellant has today brought a Demand Draft bearing No.449898 dated 10.8.2009 for a sum of Rupees eight lakhs drawn on the Kerala State Housing Board, Kollam and the same is handed over to the learned Standing Counsel for the Housing Board and the Standing Counsel has returned all the documents which have been duly acknowledged by the appellant. W.A.No.1350 of 2009 - 2 - 3. In view of the said development, the writ appeal stands disposed of as settled between the parties. We make it clear that the appellant shall not be called upon for any other liability and if at all there is any other liability in respect of the process of recovery, the same shall be born by the Housing Board. We record our satisfaction for the co-operation extended by Sri.Manu, learned Standing Counsel appearing for the Housing Board, and the attitude of the Housing Board itself in the matter of settlement, and the co-operation on the part of Sri.Rajendran, learned counsel appearing for the appellant in putting an end of the litigation which has been pending for the last around seven years. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns