IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25183 of 2009(P)
1. CHANDRASEKHARAN NAIR, AGED 63 YEARS,
... Petitioner
2. P.K.SATHI, AGED 50 YEARS,
3. SREEKALA.C, AGED 19 YEARS,
Vs
1. SUPERINTENDENT OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. A.K.THANKAPPAN NAIR, S/O.KRISHNAN NAIR,
4. PURUSHOTHAMAN NAIR, S/O.KRISHNAN NAIR,
5. SURENDRAN NAIR, S/O.KRISHNAN NAIR,
6. NARAYANAN NAIR, S/O. KRISHNAN NAIR,
7. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.SATHISAN
For Respondent :SRI.C.DILIP
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :13/10/2009
O R D E R
KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
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W.P. (C) NO. 25183 OF 2009
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Dated this the 13th day of October, 2009
JUDGMENT
Kurian Joseph, J.
This Writ Petition is filed with the following prayer:
“Issue a writ of mandamus or such other writ or
direction directing 1st respondent to extend
adequate protection to the life of petitioners from
respondents 3 to 6 and their men or agents and
further to conduct an enquiry in the matter after
summoning all the material witnesses and records
in the matter.”
2. Having realised that the basis of the dispute is one regarding
partition of the property among the members of the family, we directed the
parties to be present before the Kerala Mediation Centre. Adv. Smt.
Lalitha Nair, the learned Mediator filed a report stating that the parties
have settled their disputes in the following terms:
i. The petitioners and respondents 3 to 6 have
mutually agreed to settle their dispute
pending before Sub Court, Perumbavoor
(Transferred A.S. No. 113/2006 of Sub
Court, Muvattupuzha.
ii. For the purpose of settlement the parties have
decided to measure out the disputed
properties by Kothamangalam Taluk
Surveyor. The survey has to be done based
on all documents produced by either sideW.P.(C) NO. 25183/2009 2
before the Munsiff Court and Sub Court at
Muvattupuzha.
iii.The parties have also agreed to make proper
application and measurement before the
Taluk Surveyor without any delay and
expressed their readiness to share equally all
the expenses for the survey.
3. In view of the settlement as above, no further orders are
necessary in this Writ Petition. It is made clear that in the event of the
parties taking law into their hands, it will be open to the aggrieved party to
approach the police in which case, the police will render necessary
protection for violation of the agreement referred to above. It is made
clear that the parties are free to approach the Sub Court, Muvattupuzha for
appropriate orders regarding measurement of the properties.
The Writ Petition is disposed of as above. The parties are directed
to pay Rs.1,000/- each to the learned Mediator Adv. Smt. Lalitha Nair
towards remuneration, within two weeks from today.
(KURIAN JOSEPH)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.P.(C) NO. 25183/2009 3
KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.
W.P.(C)NO.25183/2009
JUDGMENT
13th October, 2009
W.P.(C) NO. 25183/2009 4