Kerala High Court

Binu Mathew vs State Of Kerala on 19 April, 2024

IN THE NIGH COURT OF KERALA AY ERNARULAN
PRESENT

THE HONOURABLE MES. JUSTICE SHOBA ANNANMA EAPEN
SRIDAY, THE i978 DAY OF APRIL 2024 / 30TH CNAITNRA, i946

WRIEL NO. 40845 OF S025

PETITIONERS 5

a

BINU MATHEW,
AGED SO YEARS, S/O MATHEW M. 3,

MUNJANATTU HOUSE, 1/232 I,

MAISON DELUXE VELLA NO. 28, KUMARAPURAM P.9,
PALLIKKARA, ERNAKULAM, PIN - 6823 885.

GINCY BING,

AGED 808 YEARS, W/O BINU MATHEW,

MUNJANATTY HOUSE, 2/232 I,

MATSON ORLUXE VILLA NO. 28, KUMARARPURAN P.O,
FALLIRKARS, ERNAKUCAN, PIN ~ S89 865.

BY ADS .
¥. HARISH
RAJAN YVISHRURAL
ASWATHY CHANDRAN

ipo

STATE OF RERALA,

REPRESENTED BY YHE SECRETARY,

LOCAL SELF GOVERNBENT INSTITUTIONS ,
SECRETARIAT, THRIUVANANTHAPURAR ,
PIN ~ 8859 O02.

DISTRICT BISASTER MANAGEMENT AUTHORITY,
ENNAKULAN, CIVIL STATION, THRIKARARA,
KARRANAS, ROCKIT, REPRESENTED SY IYS
CHAIRPERSON DISTRICT COLLECTOR, ERNARULAN,
BIN ~ S82 O28.

ADDITIONAL DISTRICT MAGISTRATE,
ERNARULAM, CIVIL STATION, THRIKAKARA,
RAKRANAD, KOCHY, PIN « G82 839.


th

acd

25.

28

PER YINY Rime SSE ao ar SETS foyer
VRC Nas 40545 and 4Q828 of 2023

ee

RUNNATHUNADY GRAMA PANCHAYAT,
SANGCHAYAT OFFICE, KUNNATHUNADY |
RUMARAPURAM P.O, ERNAKULAN,
REPRESENTED BY ITS SECRETARY,
PIN - 883 S85.

THE SECRETARY,

RUNNATHUNADU GRAMA PANCHAYAT,
PANCHAYAT OFFICE, KUNNATHUNADY |
RUMARAPURAN P.O. ERNAKULAR,

PIN - G83 S96.

ASSISTANT ENGINEER,
RUNNATHUNADYU GRANA PANCHAYAT,
PANCHAYAT OFFICE, KUNNATHUNARH .
RUMNARAPURAN P.O, ERNAKULAN,

PIN ~ G82 $68.

SOSANNA VARGHESE ,

W/O KUREACHAN, VABAKKAN VEETTIL,
KUANATHUNADU VILLAGE, RUMARSPURAN FD,
ERNAKULAN, PIN - 883 885.

ELDOQ KURTAN,

S*O RURTACHAN, VADAKKRAN VEETTIL,
RUNNATHUNADU VILLAGE, KUMARAPURAN P.O,
ERNARULAM, PIN - G83 S85.

GREEGO RURTAN,

S/@ KURTACHAN, VADBARKAN VEETTIL,
KUNNATHUNADU VILLAGE, RUMARAPURAN P.O,
ERNAKULAN, PIN ~ 683 585.

MS REM BUTLDERS,

HAVING REGISTERED OFFICE AT BOON NO. XIV/L?,
KUNNATRUNADU GRANA PANCHAYAT,

YADARRUNCHERTL BUILDING, MOQRARRALA KARA,
PALLIXARA P.O, ERNARULAN DISTRICT,
REPRESENTED BY ITS MANAGING PARTNER,

PIN ~ 683 385.


{0} Nos.40545 and 40818 of 2028

Seok
Sache,

a2

24

wo}.
an

NITHIN MOHAN,

S/O MONANDAS, PURVA ETERNITY, 5623 &,
NRAKKANAD VILLAGE, KAKRKANAD P.O,
NANAYANNUR TALUK, ERNAKAULAM,

PIN - 882 830.

MARTA CHERTAN |

W/O NITHEIN MONAN, PURVA ETERNITY, S€2 5,
KARRANAD VILLAGE, RAKKANAD P.O,
KANAYANNUR TALUK, ERNAKULAN,

PIN ~ 882 838.

BARNAN © XK,
S/O ABDUL LATHEEE NK, NAPEESA MANRTZL,
S8/1438, KALARTKKAL LANE, ELAMAKKARA,
EDAPALLY VILLAGE, KANAYANNUR TALUK,
ERNAKULAM, PIN ~ a82 938.

NAGAH RAGERD,

W/O FARHAN C K, NAFEESA MANZIEL,
&8/1438, KALARIRRAL LANE, ELAMAKRARA,
EDAPALLY VILLAGE, KANAYANNUR TALUK,
ERNARULAN, PIN -~ 882 828.

STAN VARGHESE , "DELETED FROM PARTY ARRAY,
$/Q@ VARGHESE, CNAANNAYIL VEETTIL,
NARATHAPILLT. KODARARA P.O, KOQBAKARA VILLAGE,
THRISSUR, PIN ~ 886 884.

PRESPONDENT NO.15 IS DELETED PRON THE PARTY
ARRAY AS PER TRE ORDER DATED 28.63.2024 IN ITA
No. 2/2024 IN TRE WPCC) No. $845, S0235. ]

ANU STAN, "DELETED FROM PARTY ARRAY

W/O STAN VARGHESE, CHAANNAYIL VEETTIL,
MARATHAPILLY, KOBAKARA F.0, RODARARA VILLAGE,
THRISSUR, FIN ~ 888684

PRESPONDENT NOG.28 IS DELETED FROM THE PARTY
ARRAY AS PER THE ORDER DATED 25.83.2024 IN IA
No. 8/8824 IN THE WPGC) No. 408452023 .]


W.P(C) Nos 40545 and 40818 of 2023

"AF ADDL. RLY SREERUMAR KR.
S/O KESAVESWARAM RAGHAVAN, MEVILA, WARD NO 2,
aga/0, CHETTANAR, PALLIKKARA, ERNAKULAN
QISTRICT, RERALA, PIN-S8S S88.

fADDL RAF XS IMPLEADED AS PER THE ORDER DATED
28.03.24 IN IA No. 2/8024 IN THE WP. iC)
No. 40545/ 2029.)

BY ADVS.
OR. ABRANAN P NEACHINKARA, SO, RUNNATHUNAD
GRANA PANCHAYAT
PRENCHAND R. NAIR, GOVERNMENT PLEADER
ANEESH JAMES
W230 THORAS
M.D BEENA
NENA VIJAY
G.P. SABARE

TRIS WRIT PETETION {CIVIL} HAVING COME UP FOR

AQDNISSION ON 28.84.2824, ALONG WITH WPIC}. 488¢8/2029,
THE COURT ON THE SAME DAY DELIVERED TRE FOLLOWING:



oy FPR AS SEE AE Rss
iC} Nas 40545 and 4O8i8 of 2oe

IN THE RIEGN CQURT OF KERALA AT ERNAKULAN
PRESENT

THE HONOURABLE MSS. JUSTICE SHOBA ANNSMMA EAPEH
FRIOAY, THE io7* BAY OF APRIL 2024 ¢ 38TH CHATTHRA, 1948

WP{C) NO, A8Si8 OF sasa

=

PETE CAQNERS +

hey

NITHIN MORAN,

AGED $39 YEARS, $/0. MONANDAS, RESIOING AY S8SE, PURVA ETERNITY, MARKANAD P.O., COCHIN, PIN - 882 896.

MARTIAN CHERTAN,

AGED 38 YEARS, W/O. NITHEN NONAN, RESIOING AY SO3SE, PURVA ETERNITY, RAKRANAD P.O., OOGCHIN, PIN ~ O82 028.

FARMAN C. R.,

AGED Gs YEARS, S/O. ABDUL LATHEEF N K., RESIDING AY RANMA HOUSE, KALARIRKAL LANE ELAMARKARS ©.0., COUCNTN,

PIN ~ 682 826.

NAJAN MAJEER,

ASED 38 YEARS, W/O. BARHAN O.K. , RESTOING AT RANMA HOUSE, KALARIXRAL LANE, ELANAKKARSA F.O., COCHIN,

PIN -~ 882 O26.

BY ADS.

ANEESN JAMES M.D. BERNA J2TJO THOMAS NENA VIIAY SIST RARUN

WOR CC) Nas.d0545 snd 40828 of 20238

RESPONDENTS :

ee KUNNATHUNARY GRANA PANCHAYAT, OFFICE OF THE RUNNATHUNAD GRAMA PANCHAYAT RUNARSPURAN FO. . ERNAKULAN DISTRICT, REPRESENTED BY ITS SECRETARY, PIN ~ 682 S65.

ie

THE SECRETARY,

KRUNNATHUNADU BRAMA PANCHAYAT,

OFFICE GE TNE KUNNATHUNAD GRAMA PANCHAYAT, RUMARAPURAN P.0., ERNAKULAN DISTRICT,

PIN ~ 653 585.

3 BIN MATHEW, S/O. MATHEW, MUNJUNADU HOUSE, KUNNATHUNADU VILLAGE. CHITTANADU KARA, AUMARAPURAN P.O. , ERNAKULAM DISTRICT, SIN ~ SES S65.

SY ABY DR. ABRANAN P.NEACHINKARA. STANDING GOUNSEL, RUNNATHUNAD GRAMA PANCHAYAT B U SNATLAIAN, STANDING COUNSEL FOR KINFRA VENUGOPAL V.. GOVERNMENT PLEADER |

THIS WRIT PETITION (COIVIL) NAVYENG CONE UP FOR ADMISSION ON 28.86.2024, ALONG WITH WPCC}. 48849 /2033, THE COURT ON THE SANE OAY RELIVEREDR THE FOLLOWING:

WPL) Nos 40545 and 40818 of 2028

JUDGNENT

Dated {his the 15" day of Apri, 2024

RALP OC) Nos 40545 ang 40818 of 2083]

When these cases were faken up for consideration, the learned Counsel on both sides submitted that the parties have settled ther cisoute through mediation.

They have fled a memorandum of settlement dated 26.05.2024 incorporating the terms of settlement.

The writ petitions are disposed of in terms of the setiement Memorandum of settlement will form part of this judament.

Sc.

SHOBA ANNAMMA EAPEN JUDGE

: £O™ 5 Renee WE. ay eas Sehey foe yey WLP LOC) Nos 4Q545 ane 40818 of 2ne3

PETITIONERS *

Exhibit

ExRLbLt

APPENDIX OF WPCC) 40945 "2023

EXNIEITS

FRUE COLOUR COPY OF THE PHOTOGRAPHS OF THE DAMASE CAUSED BY THE COLLAPSE OF THE LAND AND SOTL PRON THE PROPERTY OF THE RESPONDENTS NO. F TO &.

A YFTRUE PROTOROPY OF THE COMMUNICATION GATED <€3.988.2023 FSSUER BY YHE STH RESPONDENT .

A TRUE COPY OF THE NOTICE OATED zo, 88.2823 TSSUER By TRE STN RESPONDENT TO LATS AND LTR RESPONDENTS .

& TRUE COPY OF THE NOTICE SATED ea. 88. 2825 TSSUED BY TRE STH RESPONDENT FO LaTH ANS L4TH RESPONDENTS .

& TRUE COPY OF THE NOTICE BATED 23.88.2023 ESSUED BY THE STR RESPONDENT FO 28TH AND LTH RESPONDENTS .

& YRUE PHOTOCOPY OF THE COMPLAINT BATER 25.98.2923 PREFERRED &8Y THE PETIVIGNERS SEFORE TRE BISTRIC?T COLLECTOR, ERNAKULAN.

&A TRUE PHOTOCOPY OF THE RECEIPT OF ACKNOWLEDGMENT DATED 25.08.2023 ISSUED BY THE OLSTRICT COLLECTOR, ERNAKULAR.

A TRUE PHOTOCOPY OF TNE REPLY BATES 86.22.2829 j(<ESSUED AY THE PUBLIC INFORMATION OFFICER QF THE 4TH RESPONDENT PANCHAYAT .

WER AC) Nos 40545 and 40818 of 2008

X £

1a:

Exhibit PS & 'TRUE PHOTOCOPY OF TNE S8UTLOING

PERMIT OATEO 18.84.2623 ESSUED BY TRE STH RESPONDENT YO YTRE LiTS AND (2TH

RESPONDENTS .

Exhibit Pais & TRUE PHOTOCOPY OF THE SUILBING PERMIT OATES 28.04.2022 ISSUER BY THE SYN RESPONDENT TO FHE iaTH AND i4TN RESPONDENTS.

Exhibit Paid A TRUE PHOTOCOPY OF THE SUELOING

PERMIT DATED 27.04.2023 PSSUED BY THE STH RESPONDENT YO THE 2STH AND ATH RESPONDENTS .

Exhibit Paz & YRUE PHOTOCOPY OF THE OFSCHARGE SUMMARY ISSUED BY THE KINDER HOSPITAL, RALAMASERRY TO THE PETITIONERS' AUNT.

Exhibit Pisa A YFRUE PHOTOQOPY OF THE NEWSPAPER ARTICLE DATED 246.908.2023 IN MALAYALA MANQRANA DAILY.

WER CO) Nos 4ocas and 40818 of 2823

2 2O:

APPENOER DE Wee) S0a1 es eee3

PETITIONERS' EXHIBITS

Exhibit PL & TRUE COPY OF THE TAX BAIO RECEIPT DATED 28.91.2023 IN RESPECT OF THE PROPERTY OWNED BY THE PETITIONERS 1 AND 2.

Exhibit Pe A YSU COPY OF THE TAX PAID RECEIPT DATED 22.82.2823 EN RESPECT OF THE PROPERTY OWNED BY THE PETITIONERS 3 AND 4,

Exhibit Ps A TRUE COPY OF THE BUTLODING PERNIT NO. AS-BALAS8786}/8023 DATED 16.84.2028 YSSUED BY THE 28ND RESPONDENT To PETITIONERS 1 AND 3.

Exhibit Pd & TRUE COPY OF THE BUILDING PERMIT NO. AS-BA(ESESIS} 2883 BATE 18.984, 2835 TSSUED 8Y THE &ND RESPONDENT TO PETITIONERS 3 AND 4.

ExHLbit PS PHOTOGRAPHS SNOWING YNE PRESENT STAGE OF CONSTRUCTION OF THE RESIDENTIAL HOUSES OF PRTITIONERS .

EXHLDLt PS A YRUE COPY OF TRE NOTICE BATED 23.89. 2823 TSSuep BY TRE SNR RESPONDENT TO YHE PETETIONERS 2 AND 2.

Exhibit SF A TRUE COPY OF THE NOTECE DATED 2s. 88. 2023 TSSUED gy TRE BND RESPONDENT TO THE PETITIONERS 3 AND 4.

Exhibit PSs & YRUE COPY OF THE COMPLAINT DATES 28.88 . 2032 SUBNITTED BY ¥YGAYAN, PURATHERT NOUSE TO $ THE OIESTRICT COLLECTOR , ERNAKULAM AGAINST THE TLLEGAL EXCAVATION OF ESRTH BY THE PREDECESSOR - IN-TILE OF THE SRD RESPONDENT .

WLP) Nos 40545 and 40818 of 2028

Exh Hit

Exhibit

ExhALhit

Pia

Pil

Bis

Pid

aaa

& TRYE COPY OF TRE COMPLAINT 24,82. 2823 SUBMITTED ay TRE PREDECESSOR-IN-TILE OF THE PETITIONERS YO THE SND RESPONDENT AGAINST YHE ILLEGAL EXCAVATION CARRIED OUT BY THE SUILDERS OF NATSON ORLUAE VILLA PROJECT .

& YRUE COPY OF THE OB8S3ECTION OATES 28.99. 2023 SUENTTTED RY THE PETITIONERS 2 AND S YO THE ND RESPONDENT .

& YRUE COPY OF THE OBJECTION BATED #8. 89. 2883 SUBMITTED BY THE PETITIONERS 3 AND 4 YO THE 2KR RESPONDENT .

A YRUE COPY OF THE NOTICE BATED SL. 418.2823 ISSUED BY THE 280 RESPONDENT YO THE PETITIONERS 2 AND 2.

& TRUE COPY OF THE NOTICE BATED 32.429. 2823 TSSUEQ RY THE 2ND RESPONDENT YO THE PETITIONERS 3 AND 4.

& YRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONERS 2 AND 2 TO TME SNQ RESPONDENT .

A FRUE Copy OF TRE RSEPRESENTATION DATED 86.22.2882 SUBMITTED BY THE PETITIONERS 3 AND 4 YO TYRE NB RESPONDENT .

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Binu Mathew & Anr : Petitioners State of Kerala and Others Respondents

Nithin Mohan & Others : Petitioners

Kunnathunadu Grama Panchayath and Others - Respondents MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF THE COBE OF CHAL PROCEDURE READ WITH RULES 24 & 235 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:

All the parties agree to settle their dispute amicably inthe following terms and conditions:

Petitioners Respondent Nos. 4-6 ° Nos, i. Bing Mathew 4. Kunnathunadu Grama Panchay

=. Giney Sing Rap by its Secretary

S. The Secretary, Kunnathunadu Grama Panchayat 6 . Assistant Engineer Kunnatnunadu Grama Panchayat

x an i

Seo

Leet OLt

Li. Nithin Mohan &

12, Mariam Cherian . :

ws

LS. Farhan

10. M/S KEM Builders --

Rep by Partner Shafeek -- SS

Re ae

Potitioners

1. Nithin Mohan \<

2. Mariam Cherian

3. Farhan C.K

m2 gerestlerr res

4. Najah Majeed

poner

hs,

Respondent Nos 1-3

i. Kunnathunadu Grama Panchayat

ra \

The parties above named beg to submit as follows: -

WPCC) No. 40545 of 2023 was filed by the Petitioners therein seeking a direction directing the 5° respondent not to permit amy canstructional or developmental activity in Re Sy No. 78/3/2 and Re Sy No. 78/3/3 in Block No. 36 of Kunnathunadu village in Ernakulam district without obtaining development permit. W.P{C) No. 40818 of 2023 has been Aled by the petitioners therein challenging the stop memo issued to them by the secretary, Kunnathunadu Grama Panchayat, After the discussions fram both sides, the parties have mutually decided to settle the entire disputes between them on the following terms and conditions.

The original respondents 15 and 16 in WIC) No. 40545 of 2023 has DEEN deleted from the party array as per order dated 25.03.2024 in LA. No. 3 of 2024 and the additional 17" respondent has been impleaded int. 40545 of 2023 as per arder dated 25.03.2024 in LA. No. 2 of BO9%

WPIC) No, 40545 of 2023

Petitioners Respondent Nos. 4-6 Ne X

oN 4, Bunnathunady Grama Panehd

=~ x x

1. Bing Mathew

2. Gincy Binu Rep by its Secretary

sege.

oe, ger Boe

5. The Secretary, Kunnathunadu Grama Panchayat &. Assistant Engineer

KRurnathunadu Grama Panchayat

Respondent Nos. 7-14 & Add

;

a oe

= ae \

?.. Sosamma Varghese &. Eldo Kurlan

9. Greego Kurian |

LO. M/S KEM Bullidders

Rep by Parthier Shafeek

aAded

tate dees

'erage

Patitioners Respondent Nos 1-3

i. Nithin Mohan

3. Farhan CC.

4. Najah Majeed ;

TERMS AND CONDITIONS

i. if is mutually agreed by all parties that the Io" respondent will undertake the construction and rebuild the retaining wall along the entire westem boundary of the property of the petitioners and the additional 17s Respandent. It is mutually agreed between all parties that the entire expenses for the entire construction and rebuild of the retaining wall mentioned in this agreement would be borne by the 10° respondent,

. Petitioners Respondent Nos, 4-6 %

1. Binu Mathew 4. Kunnathunadu Grama Panet

2. Gincy Binu Rep by its Secretary

5. The Secretary, Runnathunadu Grama Panchayat

& . Assistant Engineer

Kunnathunadu Grama Panchayat

A Respondent Nas. 7-14 & Addl.17\\ ye Ke, SX ~

7. Sasammea Varghese _*

1k. Nithin Mohan

8. Eldo Kurian A 2?. Mariam Cherian '¢.

9, Greego Kurian & 13. Farhan C.K

LO. M/S KEM Builders is. Najah Majeed

Rep by Partner Shafesk Adu. RA? Sreekumar >

MLDS

ite

Petitioners Respondent Nos 1-3

i. Kunnathunadu Grama Panchayat ;

2, 1 is agreed between all parties that such construction /reconstruction works of the retaining wall will be done as per the Plan attached to this agreement as Annexure Al. The 10° respondent shall ensure that the outer wall of vertical wall portion of the retaining wall shown in Annexure Al structural plan shail be on the western boundary of the property of the petitioners and 17" respondent. A sketch of the property of the petitioners and the 17° respondent is available alang with their respective title deeds and all parties has verified the same and agree that there are no dismutes between the parties as to the boundaries of the properties. The 10" respondent agrees to construct the retaining wall as above on the western boundaries as marked out in the said sketches

WP(C) No, 40545 of 2023

Fatitioners Respondent Nos. 4-6 SS

4, Kunnathunadu Grarna PanchayAe®

1. Binu Mathew ( Y

2, Gincy Binu Rep by its Secretary

%. The Secretary, Kunnathunadu Grarna Panchayat 6 , Assistant Engineer

Kunnathunadu Grane Panchayat

Respondent Nos. 7-14 & AddL1?\

Li. NEEKIN Mohan oS

ig. Mariam Cheriang

8. Greego Kurlan, 13, Farhan C.K

14, Najah Majeed '

1a. M/S REM Builders

Rep by Partner Shafeek Add RL? Sreekumar,

Petitioners Respondant Nos 1-3

1. Nithin Mohan 7S: i. Kunnathunadu Grama Panchayat, \, 2 4 ek --

3. Farhan C.K

4. Najah Majeed

. The structural plan and specifications of the retaining wall to be constructed has been agreed by all the parties. ft is mutually agreed by the parties that the 10° respondent shall undertake the construction of the retaining wall strictly as per the annexed plan and specifications, and time limit prescribed,

4, l€ is mutually agreed by all parties that the petitioners and the 17° respondent undertake to give uninterrupted access to the workers engaged by the 10° respondent to their respective properties far the purpose of removal of debris and earth and for construction of retaining wall as above. However, the 10 respondent shall ensure that the work js carried out only between 7.00 a.m. and 6.00 o.m. on all days including weekends,

Petitioners _ Respondent Nos. 4-6

1. Binu Mathew © 4. Kunnathunadu Grama Panchayat

2. Gincy Binu Rep by its Secretary

S. The Secretary, Kunnathunadu Grama Panchayat 6 , Assistant Engineer

Kunnathunadu Grama Panchayat

Respondent Nas. 7-14 & Addl.17 \ Ye

\ aN.

14. Najah Majeed «<<

Add RLY Sreekumar

LO. M/S KEM Bullders

Rep by Partner Shafeck

WP(C) No. 40818

of 2023 Petitioners

Respondent Nos 1-3 i. Nithin Mohan 7.

i. Kunnathunadu Grama Panchayat

2. Mariam Cherian

Rep by its Secretary

3. Farhan C.K

2. The Secretary,' 4, Najah Majeed

Spee: ePPPMt EES

tee.

>. is mutually agreed by the parties that for the purpose of removal of sebris and earth, a Yanmar 35 (small excavator}, concrete ladder it {conveyor systern to remove debris) and concrete breaker machine would have to be installed and operated from the property of the petitioners and the 17" respondent. Petitioners and 17" respondent agree that they will not raise any objection to sald machines being placed in their properties during the duration of the work,

6. The petitioners understand and agree that the Yanmar 35 excavator as mentioned above can be brought to the worksite only through the main gate of the petitioners. The petitioners and the 17" respondent agree to do all that is necessary to facilitate the bringing of the said machine to the

worksite through the main gate of the petitioner's property, The 108 respondent agrees that once the said machine Is brought to the work site if will be removed only after the completion of the above mentioned WOrks,

Petitioners Respondent Nos. 4-6

1. Binu Mathew 4. Kunnathunadu Grama Panc!

2. Gincy Bing Rep by its Secretary

5. The Secretary, Kunnathunadu Grama Panchayat & . Assistant Engineer

Kunnatnunadu Grama Panchayat

7. Sasarmma Varghese

3. Farhan CK i

10, M/S KEM Builde: 14, Nalah Majeed

Rep by Partner Shafesk AdGLRIY Sreekumar

Petitioners Respondent Nos 1-3

pertty

i. Nithin Mohan "1S 1. Kunnathunadu Grama Panchayat \ \

2, Mariam Cherian

3. Farhan C.K

4, Najah Majeed Kunnathunadu Grama Pahe

7, The 10" respondent also agrees fo make good/rectify any damage that may be caused to the property of the petitioners and the U7" respondent or fhe common road and amenities of Maison Villa complex on account of the taking of such machine to the western boundary of the property of the petitioners, at the cost of the 10" Respondent. No other vehicies, other than for the repair and re-fuelling of the above mentioned machines, shall bé permitted through the common read and amenities of Maison Villa for this construction / removal work.

8. if is mutually agreed by the parties that the debris and earth to be removed for the purpose of the construction of the retaining wall will be removed though the properties of the Respondents No.7 to 3 twhich is lying as a pathway) by the 10° respondent.

WP(C) No, 40545 of 2023

Petitioners Respondent Nas. 4-6

1. Binu Mathew 4. Kunnathunadu Grama Panchayat

2, Gincy Bing Rep by its Secretary

3. The Secretary, Runnathunadu Grama Panchayat & . Assistant Engineer

Kunnathunadu Grama Panchayat

Respondent Nos. 7-14 & Addiiy | \

?. Sosamuma Varghese

cath

8. Eldo Rurian

$. Greego Kurlan |

10. M/S KEM Buildes

14, Najah Majeed _ N\

Add. RL? Sreekumar

Rep by Partner Shafeek

Petitioners

3. Farhan C.K

4. Najah Majeed

oe QTY Vg 8

Respondent Nos 1-3

iL. Kunnathunadu Grama Panchayak > \

XS $ é

Rep by its Secretary

' g

Kunnathunadu Grama 'Panchayat

3. Binw Mathew

8. it is mutually agreed by the oarties that the petitioners and i?" respondent shall permit the 10° respondent to store the removed debris and earth within their property for a maximum period of 40 days from the execution of this agreement within which the 1p" respondent agrees to construct a ramp through the properties of Sosamme Varghese, Eldo Kurlan and Greego Kurlan (respondents No. 7 to 9) for taking out gebris and earth from the properties of the petitioners and 17" respondent,

10. The 10" respondent has agreed to rectify/make good all the damage that has been caused in the house and properties of the petitioners and

i7* respondent as a result of the caving in of the compound wall. A fist of the damages suffered by the petitioners and 1¥® respondent, verified by all the parties are annexed to this mediation agreement as Annexure AQ,

The entire expenses for such work shall be borne by the LOe.cespondent

Patitionars Respondent Nos, 4-6

1. Binu Mathew 4. Kunnathunadu Grama Pan

2. Gincy Bin Hep by its Secretary

S. The Secretary,

Kunnathunadu Grama Panchayat

6 Assistant Engineer

Kunanathunadyu Grama Panchayat

Respondent Nos. 7-14 & Addl.1? \,

7. Sosamma Varghese 4. 0s ws LL. Nithin Mohan |

8. Eide Kurlan if. Mariam Cherian

9. Greego Kurlan | "TS" Farhan CK & .

10. MAS KEM Build

Rep by Partner Shafeek

Petitioners Respondent Nes 1-3

errr

1. Nithin Mohan - 1. Kunnathunadu Grama Panchayat _

2. Mariam Cherian

3. Farhan C.K

2. The Secretary,.

4, Najah Majeed

Livevereats

~Qe

ii. if any further damage, other than that set out in Annexure A2, is caused to the properties and houses of the petitioners and the 17" respondent during the construction of the retaining wall as above by

the 10" respondent, the same shall also be rectified by the 10" respondent at their own costs and expenses.

12. The 10" respondent agrees not to cause any damage to the Society Road through which one can have access to the residential plots of the petitioners and 17" respondent. If any damage is happened within this

period of operation, the LO® Respondent shall rectify the same at the cost of the 10" Respondent.

WP(C) No, 40545 of 2023

Patitioners Respondent Nos. 4-6

1. Bing Mathew

é, Kunnathunadu Grama Panchayat

2. Gincy Bing

Rep by its Secretary

&. The Secretary,

Kunnathunadu Grama Panchayat

6 . Assistant Engineer

Kunnathunadu Grama Panchayat

Respondent Nes, 7-14 & Addl.17.

a ¢ N

Ll. Nithin Mohan 3

aia reel i. A

7. Sasamma Varghese | "ft

§ Eldo Kurlan 12. Mariam Cherian;

ote

8, Greegs Kurlan: 13. Farhan CK

10, M/S KEM Builders

Rep by Partner Shaferk

etl

reeset pega pes

ty,

toe, tha

Petitioners Respondent Nos 1-3

1. Nithin Mohan | i. Kunnathunadu Grama Panchayat . . at

2. Mariam Cherian

3. Farhan C.K

BS x

2. The Secretary, xy

4, Najah Majeed Kunnathunadu Grama

3. Binu Mathew

"LOs

i3. The 10" respondent also undertakes to bear in mind the safety of the

children who are studying in the Anganwadi while undertaking the abovementioned works.

14, it is mutually agreed between the parties that the 10" respondent will bear the entire expenses for carrying out all the repair) rectification / construction works afore-mentioned in this agreement.

15. Both parties agree to withdraw all complaints preferred by them before all statutory authoritles against each other in respect of the issues raised inthe above writ petition.

Petitioners Respondent Nos. 4-6

é. Gincy Bing Rep by iis Secretary

& The Secretary, Murinathunadu Grama Panchayat 8 . Assistant Engineer

Kunnathunadu Grama Panchayat

. . . 4 x» LL. Nithin Mohan 7S

8. Eldo Kurian i2. Mariam Cherian} *

id. Najah Majeed

9, Greege Kurian O13. Farhan C.K

10. MAS KEM Budder

Rep by Partner Shafeek Add.RL? Sreekumar'

'tree tli sha

Ohh ty

Ne aN SSS

Petitioners Respondent Nos 1-3

i. Kunnathunadu Grama Panchayat

*, Ny

LSS

2. The Secretary,

4, Najah Majeed

Ny,

i6. In the fight of the withdrawing of the complaints by petitioners and 17" respendent, the stop memos issued by the 5" respondent to the respandents 11 to 14 and Stan Varghese and Anu Stan shall stand withdrawn. The petitioners and the 17* respondent have no ebjection to the respondents 13 and 14 and Stan Varghese and Anu Stan completing the construction of their residential bullding in accordance with the building permits obtained by them, however the completed bullding shall be handed over by the 10° respondent to the said persons only after the completion of the construction of the retaining wall and rectification of damages as undertaken above. Further construction in the property of respondents 1] and 12 shall be undertaken only after the completion of the entire construction of the retaining wall and rectification of damages as undertaken above.

Patitioners Respondent Nos. 4-6

1. Binu Mathew | 4, Kunnathunadu Grame Panchayat

2, Gincy Binu Rep by its Secretary

S. The Secretary, Kunnathunadu Grama Panchayat 6 . Assistant Engineer

Kunnathunadu Grama Panchayat

Respondent Nos. 7-14 & Addi LY Pa .

7. Sosamma Varghese .oax LL. Nithin Mohan |}

8. Eldo Kurlan 3 o~ 12. Mariam Cherian

"TS. Farhan C.K

ay ott

S Greege Kurlan ;

10. M/S KEM Bull Sere 14. Najah Majeed.

Rep by Partner Shafeak AGAR? 5S Sreekumar

Petitioners Respondent Nos 1-3

1. Nithin Mohan (\ ~~

i. Kunnathunadu Grama Panchayat e

Se:

3.

4, Najah Majeed "|

«p2-

i?7. The 16" respondent agrees, to complete the construction of the retaining wall and rectification of all the damage caused to the properties of the petitioners and 17% respondent as undertaken above as expeditiously as possible but not later than 15" june, 2024. The 10" réspondent and the petitioners and the 17" ressandent shall Jointly undertake an inspection of the works carried out by the 10 respondent on 15" June, 2624 and in case of any pending werk, the petitioners and the 17" respondent shall intimate the same to the 10" respondent in writing and the 10° respondent shall attend to them within a further period of 15 days.

18. itis agreed between all parties that, in the event of any default in any of the terms and conditions of this agreement by the 10" respondent, it is agreed by the 10" respondent that they will pay an amount of Rs. 30,00,000/ (Rupees Fifty Lakhs only} to the petitioners for the rectification of damages incurred by the petitioners and 17" resp sdent, on 360° June 2024.

Petitioners Respondent Nes. 4-6

1. Binu Mathew

2. Gincy Bing Rep by its Secretary

&. The Secretary, Kunmathunadu Grama Panchayat 6 . Assistant Engineer

Kunnathunadu Grama Panchayat

Respondent Nos, 7-14 & AddLL7\ 9

hn erat Ne

7. Sasarnma Varghese yan.

8. Eldo Kurian

o. Greege Kurign |.

Petitioners Respondent Nos 1-3

i. Nithin Mohan

«. Mariam Cherian

x A

3. Farhan C.K

4. Najah Majeed

19. The parties agree that W.P(C) No. 40545/2023 and W.P{C) No, 40818/2023 can be disposed off in terms of this mediation agreement, and the mediation agreement may form a part of the judgment. The parties also agree that a copy of the mediation agreement

WHE be produced before the Munsiff's Court, Perumbavoor in O.S. No. 2939/2023 and the parties have no objection to the said suit being decreed in terms of this mediation agreement, in all the cases, parties are at Hberty to approach the court if any fresh cause of action arises.

20. The entire terms and conditions stipulated in this settlement agreement are read over to each of the parties and understood the same and thereby put their signature on this settlement agreement and all the parties hereto agreed and admitted all the terms and conditions voluntarily without any coercion or external force,

ertainiy wll be complied with as per the terms without any fail, .

Patitioners . Respondent Nos. 4-6 ase a ~ ww L. Binu Mathew 4, Kunnathunadu Grama Panchayat

2. Gincy Binu Rep by its Secretary

5. The Secretary, Kunmathunadyu Grama Panchayat 6, Assistant Engineer

Kunnathunadyu Grama Panchayat

~ . . . sy a

7. Sosamima Varghese. Li. Nithin Mohan J

9. Greeqa Kurian, ia, M/S KEM Bui iders

Rep by Partner Shafeek

Petitioners Respondent Nos 1-3

i. Ni

i. Kunnathunadu Grama Panchayat

Ban

Rep by its Secretary.

3. Farhan C.K

4. Najah Majeed

ei, All Parties agreed to the above said terms and conditions and acknowledge terms and conditions without any compulsion or coercion in the presence of the following witnesses:

Respondent Nos.1, 2 and 3 being formal parties, hence their presence and signature not necessary to this settlement agreement.

Dated this the 26th day of March, 2024.

Petitioners Respondent Nos. 4-14 & Addl.17

1. Binu Mathew

2. Gincy Binu

8. Eldo Kurian

Y. Greega Kurlan,

10. M/S KEM Builders

Rep by Partner Shafeek Ll. Nithin Mohan 7\ S02

12. Mariam Cherian © 13, Farhan C.K ve

hy

if. Najah Majeed «< Add|.R17 Sreekumar.

Yen, "te

Counsel for the Petitioner Counsel for the Respondent Nos. 4-14 & Addl?

Counsel for Addl.i7" Respondent

The above Settlement Agreement is authenticated by mer \ an ,

eens we

Adv. Baby George N (Mediator)

Petitioners Respondent Nos 1-3

1. Nithin Mohan 7" 1. Kunnathunadu Grama Panchayat\ a

2. Mariam Cherian ~

3. Farhan C.K

Mat

4. Najah Majeed _-<\...

a Geet cage Ba aus GRLags ee aL ~ 27 al me SRT SECTION X - X SECTION ¥ -¥ DETAILS OF STEM WALL : DETAILS OF COUNTER FORT ve 8 STEM WALL 8 :

* PLAN 8

COUNTERS FORT RETAINING WALL :

a

aREw SERDAR SRO WOE RNURAY SRE. AT PRR LOAD WHR TC NTR ANENEE S.

ISHUED FOR EXECUTION

EOD ND m,

' dats SL acoxwand jarod. RY. SONIHIIND MANO WET IS HE LATING SOR. NYERSE RAOPD.AO OOH RE PDA DTN EN ett

Tecnauis ans Structural Conxuhants dAschdincts

PROSEET RETAINING YALL. |; RETAINING WALL NEAR WONBERLA

BAPE (SUC + 28 MERA ARETE TURE SUENT FOR ASEUAL HASNT S FO VERSE RUS. 4 FEES RUNSTRESTION SEY AT ag

DETALLES o)

axl

a PARTON TNE STR

SCRERELY.

HN THE SRST RETIN ROP RESIS iN THE

"BUR

Me I coca akkenat. Rox

Pete eee RG

NRA NE

oy set ota § Bie PULA megtal

RO & ' fn pes 8 twaan «

SUIS

ww

cod 533 .

PA RAG &

i ea Pa wai Ty La Barres

lagen & Fig ut RRA.

z ~ fdaeen FQekce see aT ra B sas ee a fxeesa *Astaaannact SETAR RESERE Sard SELTRR rane ARRAY:

tet + i aged eV aS yet ROR os Seth © PROARATARTE?

Ske gh FAY

crear . ae EB TP a Base Tare) GmsiGuniGeke : SQ gene ag ; Ras oo Ae \ . we

S asaya

Eas Kanada dnt

Wands aed

a RBC D "aR Rone RS

z boat RW PYige wey Cartes Toren ste ca a ;

re & a . " "

~ PM BQ wet Caras . hao 7 --

\ a hae

- 85, ae P "Layee & er mY? Sweat ARK ne sme Gr Se itars ai Pe AS GIL Peles ~ sf ~ & x sen det NS Sorat Yur

Ss

x he tA

x

Avfaos ~ PS oe at

ate 2 ee

«ee BT we AFP re Maw, AEs.

AY ss ee ee ee co "yy AY ;

T2. Adina + ~ ASS NI En e .

LIST OF DAMAGE

broek

. The septic tank which has suffered damage aiong with the damaged air

pipe of the septic tank, Barnage sustained to the 2000 liters tank with iron stand due to collapse

find *

of the wall, . Damage sustained to society water lines utilized for drawing water from

Lad

the bore well,

4. Damages occasioned to the kennel, sun shades /stair case, wooden

windows, waste water drainage, back door, two sink cup-board, wash area of the sink, side walls on the second floor and kitchen staircase/tiles of the

petitioners, =. Damage occasioned to the building of the 17" respondent Le. bedroom

wall, two windows, two sunshades, tiles, grill, pipelines and toilet pipe/drainage.

WP(Ci No, 40545 of 2023

Petitioners Respondent Nos, 4-6 nN: 2M s SON.

1. Binu Mathew &, Kunnathunadu Grarna Panchayat

2, Gincy Binu Rep by its Secretary

&. The Secretary, Kunnathunady Grama Panchayat 6 . Assistant Engineer

Kunnathunadu Grama Panchayat

dd ay (),

cy

Respondent Nas. P14 &A

ss

_ Nithin Mohan PX -