Kerala High Court
Sudha.R vs S.Sujathan on 2 August, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
RFA NO. 676 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 18.03.2015 IN OS NO.170
OF 2013 OF SUB COURT, PATHANAMTHITTA
APPELLANTS/LEGAL HEIRS OF DEFENDANT:
1 SUDHA.R
AGED 47 YEARS
W/O. LATE ANANDAN, RESIDING AT KATTUMADATHIL HOUSE,
PALLICKAL NADUVILE MURI, BHARANIKKAVU VILLAGE,
MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.
2 ARUN A.
AGED 23 YEARS
S/O. LATE ANANDAN, RESIDING AT KATTUMADATHIL HOUSE,
PALLICKAL NADUVILE MURI, BHARANIKKAVU VILLAGE,
MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.
3 KAVYA S.
AGED 24 YEARS
D/O. LATE ANANDAN, RESIDING AT KATTUMADATHIL HOUSE,
PALLICKAL NADUVILE MURI, BHARANIKKAVU VILLAGE,
MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.
BY ADVS.
SRI.K.V.SADANANDA PRABHU
SRI.C.S.AJITH PRAKASH
SRI.FRANKLIN ARACKAL
SRI.P.S.SYAMKUTTAN
SRI.C.S.YESUDAS
T.K.DEVARAJAN(K/253/1993)
BABU M.(K/1324/2019)
M.B.SOORI(K/310/2015)
ANCY THANKACHAN(K/1704/2019)
NIDHIN RAJ VETTIKKADAN(K/000060/2020)
AKASH JOSHI(K/1200/2019)
KRISHNENDU.D(K/001297/2021)
XAVIER K.K.(K/000036/2024)
RFA Nos.676 & 699/15,
WP(C) Nos.5721 & 18160/14
-: 2 :-
RESPONDENTS/PLAINTIFFS:
1 S.SUJATHAN
AGED 59 YEARS
S/O. SUKUMARAN, RESIDING AT KOTTAPPURATHU
HOUSE, KOTTARKAVU MURI, MAVELIKKARA VILLAGE,
MAVELIKKARA TALUK-690101
2 MS. ATLAS MINES AND GRANITES INDIA LTD.
MAVELIKKARA, A COMPANY REGISTERED- AND
INCORPORATED UNDER INDIAN COMPANIES ACT HAVING
ITS REGISTRED OFFICE AT MAVELIKKARA,
REPRESENTED BY ITS DIRECTOR S.SUJATHAN, AGED
59 YEARS, S/O. SUKUMARAN, RESIDING AT
KOTTAPPURATH HOUSE, KOTTARKAVU MURI,
MAVELIKKARA VILLAGE, MAVELIKKARA TALUK 690101
ADDL.R3 SMT BHARATHI,
AGED 82 YEARS
W/O.JANARDHANAN, RESIDING AT KATTUMADATHIL
HOUSE, PALLICKAL NADUVILE MURI, BHARANIKKAVU
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA
DISTRICT. IS IMPLEADED AS ADDITIONAL R3 VIDE
ORDER DATED 2/11/15 IN IA 1860/15
BY ADVS.
SRI.A.R.DILEEP-R1, R2
SRI.M.B.SOORI-ADDL.R3
SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL-R1, R2
SRI.MANU SEBASTIAN-R1, R2
THIS REGULAR FIRST APPEAL HAVING COME UP FOR
HEARING ON 02.08.2024, ALONG WITH RFA.699/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
RFA Nos.676 & 699/15,
WP(C) Nos.5721 & 18160/14
-: 3 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
RFA NO. 699 OF 2015
AGAINST THE JUDGMENT AND DECREE DATED 18.03.2015 IN OS
NO.243 OF 2009 OF SUB COURT, PATHANAMTHITTA
APPELLANTS/LEGAL HEIRS OF THE PLAINTIFF:
1 SUDHA.R
AGED 47 YEARS
W/O.LATE ANANDAN, RESIDING AT KATTUMADATHIL
HOUSE, PALLICKAL NADUVILE MURI, BHARANIKKAVU
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT
2 ARUN A
AGED 23 YEARS
S/O.LATE ANANDAN, RESIDING AT KATTUMADATHIL
HOUSE, PALLICKAL NADUVILE MURI, BHARANIKKAVU
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT
3 KAVYA S
AGED 24 YEARS
D/O.LATE ANANDAN, RESIDING AT KATTUMADATHIL
HOUSE, PALLICKAL NADUVILE MURI, BHARANIKKAVU
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT
RFA Nos.676 & 699/15,
WP(C) Nos.5721 & 18160/14
-: 4 :-
BY ADVS.
SRI.K.V.SADANANDA PRABHU
C.S.AJITH PRAKASH
T.K.DEVARAJAN(K/253/1993)
BABU M.(K/1324/2019)
M.B.SOORI(K/310/2015)
ANCY THANKACHAN(K/1704/2019)
NIDHIN RAJ VETTIKKADAN(K/000060/2020)
AKASH JOSHI(K/1200/2019)
KRISHNENDU.D(K/001297/2021)
XAVIER K.K.(K/000036/2024)
RESPONDENTS/DEFENDANTS:
1 S.SUJATHAN
AGED 59 YEARS, S/O. SUKUMARAN, RESIDING AT
KOTTAPPURATHU HOUSE, KOTTARKAVU MURI,
MAVELIKKARA VILLAGE, MAVELIKKARA TALUK, PIN
690 101
2 MS. ATLAS MINES AND GRANITES INDIA LTD
MAVELIKKARA A COMPANY REGISTERED AND
INCORPORATED UNDER INDIAN COMPANIES ACT HAVING
ITS REGISTERED OFFICE AT MAVELIKKARA
REPRESENTED BY ITS DIRECTOR S SUJATHAN ,AGED
59 YEARS, S/O. SUKUMARAN, RESIDING AT
KOTTAPPURATHU HOUSE, KOTTARKAVU MURI,
MAVELIKKARA VILLAGE, MAVELIKKARA TALUK PIN 690
101
ADDL.R3 BHARATHI
AGED 82 YEARS
W/O.JANARDHANAN,RESIDING AT KATTUMADATHIL
HOUSE,PALLICKAL NADUVILE MURI,BHARANIKKAVU
VILLAGE,MAVELIKKARA TALUK,ALAPPUZHA DISTRICT,
IS IMPLEADED AS ADDITIONAL R3 VIDE ORDER DATED
2.11.2015 IN IA 1922/2015.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
M.B.SOORI-FOR ADDL.R3
SRI.MANU SEBASTIAN
SRI.A.R.DILEEP
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
02.08.2024, ALONG WITH RFA.676/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA Nos.676 & 699/15,
WP(C) Nos.5721 & 18160/14
-: 5 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 5721 OF 2014
PETITIONERS:
1 J.ANANDAN (DIED)
AGED 49 YEARS
S/O.JANARDANAN, KATTUMADATHIL HOUSE,
PALLIKKAL, NADUVILE MURI, BHARANIKKAVU
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA
DISTRICT.
2 ADDL.P2. SUDHA.
AGED 51 YEARS
W/O. LATE J. ANANDAN KATTUMADATHIL HOUSE,
PALLIKKAL, NADUVILE MURI, BHARANIKKAVU
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA
DISTRICT. IS IMPLEADED AS ADDITIONAL
PETITIONER AS PER ORDER DATED 09.07.2019 IN IA
1/2019 IN WP(C) 5721/2014.
BY ADVS.
SRI.C.S.AJITH PRAKASH
SRI.PAUL C THOMAS
SRI.T.D.SALIM
SRI.C.S.YESUDAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
RFA Nos.676 & 699/15,
WP(C) Nos.5721 & 18160/14
-: 6 :-
2 THE COMMISSIONER OF LAND REVENUE
OFFICE OF THE COMMISSIONER OF LAND REVENUE,
MUSEUM JUNCTION, THIRUVANANTHAPURAM-695033.
3 THE DIRECTOR OF MINING AND GEOLOGY
THIRUVANANTHAPURAM, OFFICE OF THE DIRECTOR OF
MINING AND GEOLOGY, THIRUVANANTHAPURAM-4.
4 THE DISTRICT COLLECTOR
CIVIL STATION, PATHANAMTHITTA-689645.
5 THE GEOLOGIST
PATHANAMTHITTA, OFFICE OF THE DISTRICT
GEOLOGIST, PATHANAMTHITTA-689645.
6 S.SUJATHAN
S/O.SUKUMARAN, KOTTAPURATHU HOUSE, KOTTARKAVU
MURI, MAVELIKKARA VILLAGE, ALAPPUZHA DISTRICT.
BY ADVS.
SRI.A.R.DILEEP
SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL
SRI.MANU SEBASTIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
HEARING ON 02.08.2024, ALONG WITH RFA.676/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
RFA Nos.676 & 699/15,
WP(C) Nos.5721 & 18160/14
-: 7 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 18160 OF 2014
PETITIONERS:
1 J.ANANDAN
AGED 49 YEARS
S/O.JANARDHANAN, KATTUMADATHIL HOUSE,
PALLIKKAL, NADUVILE MURI, BHARANIKKAVU
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DIST
2 ADDL.P2.SUDHA
W/O J.ANANDAN, AGED 51 YEARS, KATTUMADATHIL
HOUSE, PALLIKKAL, NADUVILE MURI, BHARANIKKAVU
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA
DISTRICT. ADDL.P2 IS IMPLEADED AS PER ORDER
DATED 11.07.2019 IN IA 1/19 IN W.P.(C)
18160/14.
BY ADVS.
SRI.C.S.AJITH PRAKASH
SRI.PAUL C THOMAS
T.K.DEVARAJAN(K/253/1993)
BABU M.(K/1324/2019)
M.B.SOORI(K/310/2015)
ANCY THANKACHAN(K/1704/2019)
NIDHIN RAJ VETTIKKADAN(K/000060/2020)
AKASH JOSHI(K/1200/2019)
XAVIER K.K.(K/000036/2024)
KRISHNENDU.D(K/001297/2021)
RFA Nos.676 & 699/15,
WP(C) Nos.5721 & 18160/14
-: 8 :-
RESPONDENTS:
1 STATE OF KERALA
REP BY THE PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695001
2 THE COMMISSIONER OF LOCAL REVENUE
OFFICE OF THE COMMISSIONER OF LAND REVENUE,
MUSEUM JUNCTION, THIRUVANANTHAPURAM-695033
3 THE DIRECTOR OF MINING AND GEOLOGY
THIRUVANANTHAPURAM, OFFICE OF THE DIRECTOR OF
MINING AND GEOLOGY, THIRUVANANTHAPURAM-4
4 THE DISTRICT COLLECTOR
CIVIL STATION, PATHANAMTHITTA-689645
5 THE GEOLOGIST PATHANAMTHITTA
OFFICE OF THE DISTRICT GEOLOGIST,
PATHANAMTHITTA-689645
6 S.SUJATHAN
S/O.SUKUMARAN, KOTTAPURATHU HOUSE, KOTTARKAVU
MURI, MAVELIKKARA VILLAGE, ALAPPUZHA DIST-
690101
BY ADVS.
GOVERNMENT PLEADER
SRI.A.R.DILEEP
SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL
SRI.MANU SEBASTIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
HEARING ON 02.08.2024, ALONG WITH RFA.676/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Sathish Ninan & Johnson John, JJ.
====================================================
RFA Nos.676 & 699 of 2015
and
W.P.(C) Nos.5721 & 18160 of 2014
===================================================
Dated this the 2nd day of August, 2024
JUDGMENT
Sathish Ninan, J.
The parties have settled their disputes in
mediation. They have entered into a memorandum of
agreement incorporating the terms of settlement. The
Regular First Appeals and the Writ Petitions are
disposed of in terms of settlement. The memorandum of
agreement will form part of this judgment. The
court fee paid on the memorandum of appeals shall
be refunded to the appellants.
Sd/-
Sathish Ninan, Judge
Sd/-
Johnson John, Judge
SVP
