Kerala High Court
Suresh vs Commissioner Of Police on 9 November, 2021
IN THE RIGH COURT OF RERALA AT ERNAKULAM
PRESENT
FRE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESOAY, THE 97. Day OF NOVEMBER 2021 / LOTH KARTRIKA, 1942
PETITIONER:
WEE) NG, SFSR OF F920
SURESH
AGED. 48 YEARS
S/O SASTONARAN NAIR, RESIDING AT TC Po/2277, VAYALIL PUTHEN VEEDU,
KARIRKAKOM, THIRUVANANTNHAPURAM-S35 543,
SY ABVS.
ML DOINESS
SRLBSUL MATHEW (PERLIMPILLTE
Pend
tat
COMMISSIONER OF POLICE
OPP ICE OF THE COMM DERIONER OF POLICE, THYCADLU, THIRUVANANTHAPURAM
CITY So. THIRUVANASTRAPURAM-B35 O27
ASSISTANT COMMISSIONER CF POLICE,
SHANGHUMUSHAM SUS DIVISION, SHANGUMLUSMAM SUB DIVISION,
SHANGUMUGHAM. THIRUVANANTHAPURAM CITY BO. THIBLVANSNTHAPLIBAM G95
G27.
SUE INSPECTORS OF POLICE |
PETTAN POLICE STATION, PETTSN BO. THIRUVANANTHAMURAM-895 G29,
SANTHOSH
AGED €0 YESRS
SYO SASTONARAN NAIR, RESIDING AT TC 79/2277, VAYALIL PUTHEN VEEDU,
KARTRRAROM FO. PHIRUVANANTHAPURAM-8a5 $42.
BY ADY STG. KRISHNARLIMART
SRILE C.SINEESH - GP
THIS WRIF PETITION (CIVIL) HAVING COME UP FOS ADMISSION CHV G&.Ad 2024, THE
COURT CN THE SOME DAY DELIVERED THE FOLLOWING:
WE (CONS, SPSS of 2020
JUDGMENT
When this matter was called today, the parties were
ad idem that the disputes between them have been settled
in a mediation, conducted by a learned Meciater of the
Ernakulam Mediation Centre.
4. I notice that Sri.Mathews Kuriskose ~ learned
Mediator, has fled a report om record, producing therewith
the Mermorandum of Settlement between the parties, as
also @ sketch,
In the afore circumstances, I dispose of this writ
petition, incorperating the Report and the Sketch slaced on
record by the learned Mediatar as part of this judament:
ba
WEB CIND. SF88 of 2020
and with @ consequential direction to the oarties to abide
Sy the same imolicitly in Future,
¥
Raly/Gs. 21. 2024,
ACR ACCHNG, S998 af 220
APPENDIX OF WEEE) S788 / 2020
PETITIONER EXHIBITS
EXHIRIT PL
EXHIBIT Pz
EXHIOIT BS
EXHIBIT BS
EXHIBIT PS
SANTAIT BG
EXHIBIT 8?
EXHIBIT PS
EXHIBIT PQ
EXNIAIT BiG
EXHESIT Bid
TRUE COPY OF THE SETTLEMENT DEED NO 3263/2015 DATED
S13, 2015 IN FAVOUR OF THE PETITIONER
TRUE COPY OF TAX RECEIPT RATED 9.4.2019 ISSUED TO THE
PETITIONER
TRUE COpY OF THE ENCOMBRANCE CERTIFICATE DATED
17.68.2819
FRUE COPY OF BUILDING PERMIT DATED 2.8. 2019 PSSUED
FROM THE CORPORATION OF THIRUVANANTHAPURAM
TRUE COPY OF REVISED PERMIT DATED 22.3.2018 ISSUED
FROM THE CORPORATION OF THIRUVANANTHAPURAM
YRUE COPY OF PLAINT IN O.S NO S8a/2019 ON THE FILE OF
MUNISIFFS COURT, THIRDVANANTHAPURAM DATED 13.8 2019
TRUE COPY OF PLAINT IN OS NO 1700/2019 ON THE FILE OF
MUNSIFPPS COURT, THIRUVANANTHAPURAM DATED £1 11, 2019
TRUE COPY OF GRDER DATE 13.14.2019 IN [A ND
2886/2019 IN OS NO L7d0/2029 OF MUNSIFES COURT,
THIBUVANAN THAPURAM
TRUS COPY OF COMPLAINT GIVEN BY PETITIONER TO
REVENUE DIVISIONAL OFFICER, THIRUVANARTHAPLIRAM
DATED 25,2, 2019
TRUS COPY OF REPORT OF THE VILLAGE OFFICER,
KRADAKAMPALLY DATED 143.3. 2019
TRUE COPY OF COMPLAINT DATED 26.12.2019 SUBMITTED
BEFORE THE IST RESPONDENT
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
W.P{C). No.5758 of 2020
Suresh : Petitioner
Vs.
Commissioner of Police and others Respondents
MEMORANDUM OF SETTLEMENT FILED UNDER
SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ
WITH RULES 24 & 25 OF THE CIVIL PROCEDURE
(ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Petitioner Suresh and Respondent No.4, Santhosh agreed to
settle the issues involved in the above Writ Petition on the
following terms and conditions:-
1. Petitioner Suresh agrees to provide a pathway along the
Western boundary of his property in Sy.No.2472/1-1-1 of
Kadakampally Vilage in Thiruvananthapuram District to
the property of 4° Respondent Santhosh in Survey
No.2472/1-1 of the same Village.
2. The width of the pathway on the Southern-Western and
North-Western carners of the petitioner's property In lm
and 1.5 mts respectively,
2.
3. The petitioner Suresh and his successors will be at liberty
to use and enjoy the pathway so provided upto the North-
Western corner of his property.
4, Petitioner Suresh and Respondent No.4 Santhosh and
their Successors shall not cause any obstruction as
regards the usage of the said pathway by either side, and
their brother Rajesh and their Successors.
5. Electricity, Water, Cable & Telephone connections can be
drawn by either party and Rajesh through the said
pathway.
6. To compensate the loss sustained by Suresh for providing
such pathway, 4° Respondent Santhosh agrees to
transfer 0.340 Sqlinks from his property to the petitioner,
Suresh as shown in the accompanying sketch.
7. Petitioner and respondent No.4 agrees to execute and
register a deed for the transferfexchange of property as
mentioned herein above and the expenses for the same
shall be shared by them equally.
§. Petitioner Suresh agrees to dismantle the staircase
constructed on the Northern side of his new residential
building in his above mentioned property.
9. Respondent No.4, Santhosh agrees to dismantie the
sunshade In the same alingment of the outerwall of his
residential building on its Southern side, so that the rain
water shall not fall into the compound wall separating the
properties of the petitioner and 4" respandent.
Korala Mats Beck
we .
eet ETE OVS
Kort ~ 88a GS)
10. The petitioner is at Hberty to construct septic tank within
his property abutting the Eastern end of the pathway to
be provided as mentioned above, and leaving 1m fram
the boundary of 4" respondent's property.
ll. Petitioner agrees to vacate the upstair portion of the
4" respondent's residential building.
12. Petitioner Suresh and 4° respondent Santhosh agrees to
comply with the above mentioned terms and conditions
within a period of twa months from today.
13. On compliance with the above mentioned terms and
conditions petitioner agrees to withdraw
OS.N0.883/2019 and OS.No.1700/2019 on the files of
the Munsiff's Court, Thiruvananthapuram, Complaint
No. 8343/2019 (Fle.No.C/E-191307/19) before the
R.D.O, Thiruvananthapuram and Appeal No.1/2020 on
the files of the Tribunal For Local Self Government
Institutions.
14, On compliance with the above mentioned terms and
conditions parties shall have no further claims against
each other,
Kerala State N
KS .
15. The above Writ petition may be disposed off recording
and in accordance with this settlement.
Dated this the 1* day of September, 2021.
Petitioner qn Respondent
Suresh WM, Santhosh
"Vg Wes
& At io '
Counsel for the petitioner Counsel for the 4° respondent
VERIFICATION
We, the parties above named, do hereby solemnly state
and declare that what is contained in paragraphs 1 to 13 are
true to the best of our knowledge, information and belief.
Petitioner 4" Respondent
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