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2022 Supreme(Online)(KER) 43922
HIGH COURT OF KERALA
Devan Ramachandran, J
DEEPTHI ANI, – Appellant
Versus
STATE OF KERALA, – Respondent
WP(C)/28535/2021
BONNY BENNY, JINSAB M.P, RAFNA RAZAK,ALEX.M.SCARIA6) THE PRINCIPAL, W.M.O. IMAM GAZLI ARTS & SCIENCE COLLEGE,Advocate
Mediation settlements are legally binding and should be enforced as per the agreement between the parties.
Headnote:
Mediation - Dispute Resolution - None - This case involved the mediation process and the court's acknowledgment of the parties' settlement agreement, leading to the dismissal of the writ petition.
Fact of the Case:
The parties reached a settlement through mediation, as reported by the District Mediation Centre. They submitted a Memorandum of Agreement.
Finding of the Court:
The court recognized the mediation outcome and directed the parties to adhere to the settlement terms, concluding the matter without further orders.
Issues: Did the court properly acknowledge the mediation and its outcome, leading to the closure of the writ petition?
Ratio Decidendi: The court upheld the validity of the mediated settlement, indicating that the resolutions achieved through mediation are binding and should be respected by all parties involved.
Final Decision: The writ petition is closed as the disputes have been settled through mediation.
JUDGMENT
When this matter was called today, the learned counsel for ad idem the parties were that the disputes between the parties have been settled through mediation.
2. I notice that the learned Co-ordinator (Sub Judge) of the District Mediation Centre, Kalpetta, has forwarded a report of the Mediator and also the Memorandum of Agreement between the parties.
Taking note of the same and recording it; further directing the parties to abide by the same, I close this writ petition without any further orders.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/8.6 APPENDIX OF WP(C) 28535/2021 PETITIONER EXHIBITS Exhibit P1 THE EXPERIENCE CERTIFICATE ISSUED TO THE PETITIONER BY THE DIRECTOR OF PHYSICAL EDUCATION KANNUR UNIVERSITY DATED
30.06.2011.
Exhibit P2 THE PHOTOSTAT COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE PRINCIPAL OF GOVT. COLLEGE MANANTHAVADY DATED
19.02.2010.
Exhibit P3 THE PHOTOSTAT COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 8TH RESPONDENT DATED 30.04.2021.
Exhibit P4 THE PHOTOSTAT COPY OF THE REPRESENTATION MADE TO THE CHIEF MINISTER OF KERALA BY THE PTA REPRESENTATIVES OF THE 7TH RESPONDENT COLLEGE DATED 14.05.2021 ALONG WITH ENGLISH TRANSLATION.
Exhibit P5 THE PHOTOSTAT COPY OF THE SHOW CAUSE NOTICE ORDER NO.F/IGSC/A1/21 DATED
27.05.2021 ISSUED BY THE 7TH RESPONDENT.
Exhibit P6 THE PHOTOSTAT COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 06.06.2021.
Exhibit P7 THE PHOTOSTAT COPY OF NOTICE NO.ACAD.A1/3308/MISC/2014(II) ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 18.06.2021.
Exhibit P8 THE PHOTOSTAT COPY OF THE ORDER NO.ACAD.A1/3308/MISC/2014(I) PASSED BY THE 3RD RESPONDENT TO THE 7TH RESPONDENT DATED 24.06.2021.
Exhibit P9 THE REPRESENTATION MADE BY THE PETITIONER TO THE 8TH RESPONDENT DATED 28.06.2021.
Exhibit P10 THE PHOTOSTAT COPY OF THE CIRCULAR NO.ACADA1/3308/MISC/2014 DATED 16.05.2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P11 THE PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT FILED BY THE 5TH AND 6TH RESPONDENT.
Exhibit P12 THE PHOTOSTAT COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE MISS SIRAJUNNISSA BY THE MANAGER DATED 27.05.2021.
Exhibit P13 THE PHOTOSTAT COPY OF THE CHARGE SHEET DATED 09.07.2021 ISSUED BY THE 5TH TO THE PETITIONER.
Exhibit P14 THE PHOTOSTAT COPY OF THE PROCEEDINGS IN WPC NO.14307/2021.
Exhibit P15 THE PHOTOSTAT COPY OF THE ORDER NO.AD/3085/21 DATED 12.11.2021 BY THE 5TH RESPONDENT.
Exhibit P16 THE PHOTOSTAT COPY OF THE REPRESENTATION DATED 15.11.2021 MADE BY THE PETITIONER TO THE 3RD RESPONDENT.
Exhibit P17 THE PHOTOSTAT COPY OF THE REPLY TO THE MEMO OF CHARGES MADE BY THE PETITIONER TO THE 5TH RESPONDENT DATED 11.11.2021.
Exhibit P18 THE PHOTOSTAT COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT DATED 23.11.2021.
Exhibit P19 THE PHOTOSTAT COPY OF THE JUDGMENT IN WPC NO.14307/2021 DATED 19.11.2021.
Exhibit P20 THE PHOTOSTAT COPY OF THE STAFF MEETING MINUTES DATED 02.02.2021.
Exhibit P21 THE PHOTOSTAT COPY OF THE MINUETS OF THE STAFF MEETING HELD ON 02.02.2021 SHARED VIA WHATSAPP.
Exhibit P22 THE PHOTOSTAT COPY OF THE SCREEN SHOT OF THE WHATSAPP GROUP SHARING EXT.P21.
RESPONDENT EXHIBITS Exhibit R5(a) TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXT.P-15.
Exhibit R5(b) A TRUE COPY OF THE ENQUIRY NOTICE DATED
06/01/2022 IS PRODUCED HEREWITH AND MARKED AS.
Exhibit R5(c) TRUE COPY OF THE POSTAL RECEIPT AND ACKNOWLEDGMENT CARD EVIDENCING THE ACCEPTANCE OF THE SAME BY THE PETITIONER.
Exhibit R5(d) TRUE COPY OF THE PETITION ALONG WITH AFFIDAVIT FILED BY THE PETITIONER, THROUGH HER COUNSEL SRI.JOSHY, DATED
14/01/2022.
Exhibit R5(e) AS PER THE DECISION DATED 14/01/2022 THE REQUEST WAS ALLOWED AND THE DECISION TAKEN THEREON.
