Kerala High Court
Paul R. J. @Augustine vs Additional District ... on 21 October, 2022
WP(C) NO. 29259 0F 2021
IN Tin HIGH CounT oF ECERAn AT ERI-"
PEuSERT
TILE HCINouRABLE in. -usTlcE p.v. ]{[INHlmlsEDEN
mlDAy, THE 2isT DAy OF OcTORER 2o22 / 29TH AswlRA, 1944
HP(C) NO. 29259 0F 202±
p=plTIONER/r±
PAUL R. J. @AUGUSTINE
AGED 66 YEARS
S/0.JOSEPH @ XAVIER, RAMACHAMKUZHI HOUSE,
RAMAVARMAPURAM P.O., THRISSUR DT. -680 631.
BY ADV SHOBY K.FRANCIS
REsroREERE/si
ADDITIONAL DISTRICT MAGISTRATE (ADM)
OFFICE 0F THE ADDITIONAI, DISTRICT RAGISTRATE,
COLLECTORATE BUILDING, CIVIL STATION, AYYENTHOLE
P.0., THRISSUR DT. -680 003.
KERALA STATE ELECTRICITY BOARD (KSEB)
REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVAN, PATTOM
P.O., THIRUVANANTHAPUF\AM -695 004.
ASSISTANT ENGINEER
KERAIA STATE ELECTRICITY BOARD (KSEB) , ELECTRIC
SECTION, RAMAVARMAPURAM P.O., THRISSUR -680 631.
RINTO
AGED 30 YEARS
S/O.VARGHESE, RAMACHAMKUZHI HOUSE, KEERTHI NAGAR,
P.0.NADATHARA, THRISSUR DT., PIN -680 751.
BY ADVS .
LINDONS C.DAVIS
E . U . DHANYA
WP(C) NO. 29259 0F 2021
OTHER PRESENT :
SRI.A.ARUNKUMAR, SC(KSEB) , SRI.LINDONS C DAVIS R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 29259 0F 2021
P.V.KUNHIKRISHNAN, I
W.P.(C) No.29259 of 2021
Dated this the 21st day of October, 2022
JUDGMENT
The above writ petition is filed with following prayers :
``(i) Issue ai T^rdl: of certiorarl aind quaish Exhibits P5 and P6
orders pessed by the rt respondent aLnd its all further
proceedings.
(¥i) Issue a writ of mandaimus directing the respondents to
not draiw over heaid electric line aind weaither proof line through
the joint property of the petitioner having an extent of 15 cents
of land comprised in Resurvey No.57/157 of Vllavaittom VjHlage
in Thrissur Taluk till the disposal of the Exhlhit P9 partition suit
pending befbre the Hon'ble Munsiff Court Thrissur as OS No.
2094/2021.
(¥iii) Issue a writ of unndaimus directing respondents 2 aind 3
to draw the electric line through the line marked ais OEFGHI
route mentioned in Ext.P7 sketch insl;eaid of route marked as
OABCD in the above sketch.
(IV) Issue such other relief this Hon`ble Court may deem fit
and proper in the facts and circumstainces of the caise." [SIC]
WP(C) NO. 29259 0F 2021
2. When this matter came up for consideration on
13.10.2022, this Court passed the following order :
'`After hearing the matter fior some time, I think this maitter can
be resolved through mediation. Therefore, the petitionel` aind
the 4tb respondent will appear befiore the High Coat Mediaition
Centre on 18.10.2022 at 10.15 am. If the 4b respondent hais got
any dif:fic:ulty in aippearing, he cain appoint ain authorized
person for appearing mediation and if the matter is settled, the
authorized person can sign the settlement agreement also."
3. Now, both sides submitted that the matter is settled
and it is decided to draw the line marked as OABCD in the
sketch marked as Ext.P6 at the expense of the 4th respondent.
In the light of the above settlement, I think this writ petition
ce_p be di§pg§ed 9f quashing E¥t.P6 ar±¢ d±F?Sting the EI?ctr±c±ty
Board to do the needful as per the settlement.
Therefore, this writ petition is disposed of with following
directions :
1) Ext.P6 is set aside.
2)The 3rd respondent will do the needful as per the
WP(C) NO. 29259 0F 2021
settlement forthwith.
3) The terms and conditions of the settlement will form part
of the judgment.
SD/.
P.V.KUNHIKRISHNAN
SKS
JUDGE
WP(C) NO. 29259 0F 2021
AppENDlx or wp(c} 29259/2o2±_
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY 0F THE COMPLAINT SUBMITTED BY
THE PETITIONER TO THE IST RESPONDENT UNDER
SEC. 17 0F THE INDIAN TELEGRAPH ACT DATED
11/6/2021.
Exhibit P2 TRUE COPY OF THE WRITTEN COMPLAINT DATED
10/6/2021 SUBMITTED BY THE PETITIONER TO
THE SHO OF VIYYUR POLICE STATION.
Exhibit P3 TRUE COPY OF ORDER IN WPC NO.12358/2021
(T) DATED 23/6/2021.
Exhibit P4 TRUE COPY OF THE ORDER IN WPC
NO.12358/2021 (T) DATED 14/9/2021.
Exhibit P5 TRUE COPY OF THE ORDER DATED 15/11/2021 IN
DCTSR/3805/2021-C4 PASSED BY TI{E IST
RES PONDENT .
Exhibit P6 TRUE COPY OF ORDER PASSED BY THE IST
RESPONDENT DATED 30/11/2021 IN ORDER
NO.DCTSR/3805/2021 C4.
Exhibit P7 TRUE COPY SKETCH PRODUCED BY THE 3RD
RESPONDENT BEFORE THE IST RESPONDENT DATED
NIL.
Exhibit P8 TRUE COPY REPI,Y STATEMENT FII.ED BY THE
PETITIONER BEFORE THE IST RESPONDENT DATED
10/11/2021 IN FILE NO.DCTSR/3805/2021 C4.
Exhibit P9 TRUE COPY OF THE SUIT IN OS NO.2094/2021
DATED 10/11/2021 0N THE FILE OF THE
MUNSIFF COURT THRISSUR.
RESPONDENT EXHIBITS
WP(C) NO. 29259 0F 2021
Exhibit R4(A) A COPY OF THE SETTLEMENT DEED DATED
01.08.2017 NUMBERED 1936/2017 0F THRISSUR
SRO.
Exhibit R4(B) TRUE COPY OF THE EASEMENT SALE DEED DATED
01.11.2017 NUMBERED 2750/2017 0F THRISSUR
SRO.
Exhibit R4(C) TRUE COPY OF THE EASEMENT SALE DEED DATED
01.11.2017 NUMBERED 2751/2017 0F THRISSUR
SRO.
Exhibit R4(D) A ROUGH SKETCH OF THE PROPERTIES 0F THE
4TH REspoNDENT, THE PETITIONER, LATE.rmy
AND THE PATHVAYS THROUGH WHICH THE
ELECTRIC LINES ARE INTENT TO BE DRAWN.
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
WPICI No.29259 of 2021
Paul R.j. @ Augustine : Petitioner
Vs'
Additional District Magistrate(ADM) : Respondents
& Others.
ADV, GEETHA KUMARI P.S
Awh%*:s#r-:„:'d#te6rsfjs#:.I:rf"s#giifeSby7ihe
parties is forwarded herewith.
Dated thisthe 18th dayof october, 2022,
•,:,..-`ul-:.-.
Adv. Geetha Kumari P.S
Mediator
Ernakulam Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
WP(C) No.29259 of 2021
Paul R.j, @ Augustine : Petitioner
Vs
Additional District
Magistrate(ADM) & Others : Respondents
MEMORANDUM OF SETTLEMENT FILED UNDER SECTION
89 0F THE CODE OF CIVIL PROCEDURE READ WITH
RULES 24 a 25 0F THE CIVIL PROCEDURE IALTERNATIVE
DISPUTE RESOLUTIONl. RULES. 2008=
The petitioner and the Authorised person of the 4th Respondent
(Sanila, W/o Rinto, the 4th Respondent) in the above Writ
Petition No.29259/2021 hereby agreed to settle the dispute
with regard to the drawing of the Electric line under the
following terms and conditions.
1, The petitioner has no objection in drawing Electric line
through the line marked as OABCD in the sketch marked
as Exhibit P7 at the expenses of 4th Respondent.
2, The right of the parties under dispute in OS No.2094/2021
before the Munsjff Court, Thrissur will be decided
untrammeled by the consent given by the petitioner in
this agreement for drawing the electric lines.
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KeralaStateMediationandConciliationCentr¢
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High Court of Kerala
Kochi -682 031
3.The 4th Respondent will not take any advantage of
drawing Electric line through the line marked as OABCD
in the Exhibit P7 sketch, in the Exhibit P9 suit. The
existence of the pathway or otherwise will be decided by
the Civil Court in the pending suit OS No.2094/2021 of
Munsiff Court, Thrissur independently.
4. On the basis of drawing the electric line as per this
agreement, the 4th Respondent will not claim any civil
right through the disputed path way on the northern side
of the joint property and it will be subject to the decision
to be taken in O.S No.2094/2021 of Munsiff Court,
Thrissur.
Onpr.Svti
Dated this the 18th day of October, 2022.
Petitioner 4th Respondent
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Paul R.j, @ Augustine Rtht.°„t,gr#ron of ryin {
Sc^^`i(o^ ul/a P/vrto
Oun sel for Petitioner Counsel for 4thRespondent
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AUTl+ORIZAT.ION LETTER
TO WlloM SO EVER IT MAY CONCERN
I, Rinto, S/o.Varghese, Aged 30 Years, Ramachamkuzhi
House, Keerthi Nagar, Nadathara P.O., Thrissur District-680751,
do hereby authorize my wife Smt.Sanila, W/o Rinto, Aged 28
Years, Ramachamkuzhi House, Keerthi Nagar, Nadathara P.O.,
Thrissur District-680751 to appear and to conduct the cases WPC
No.29259/2021 and WPC No.12358/2021 before the High Court of
Kerala on my behalf and to participate in Mediation, Arbitration,
Conciliation or in Adalath when the above said matters are referred
so and accordingly to enter into and sign the lawful compromise,
withdrawal, settlement in all or any of the said cases.
Dated this the 05th day of March, 2022.
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