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2023 Supreme(Online)(KER) 2326
HIGH COURT OF KERALA
Murali Purushothaman, J
BIJU KRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 25690/2018
SRI.V.R.GOPU, GOVERNMENT PLEADER THIRUMALA P.K.MANI, P.ABDUL RAOOF, K.R. AVINASH (KUNNATH)
The court confirmed that mediated settlements are valid and enforceable, allowing for future remedies to remain open.
Headnote:
Settlement - Writ Petition - Land Acquisition Act - Sections 12(2), 31(2) - The court upheld the settlement between the petitioner and the fifth respondent, outlining the disbursement of the settlement amount and leaving other remedies open.
Fact of the Case:
The parties entered into a settlement regarding a writ petition concerning land acquisition, which was referred for mediation. A report confirmed the settlement terms.
Finding of the Court:
The court found that the settlement agreement was acceptable and should be recorded, with the state committing to disburse the agreed compensation within a stipulated time frame.
Issues: Whether the court should dispose of the writ petition based on the mutual settlement reached between the parties.
Ratio Decidendi: The court determined that as long as the parties reached a settlement, it could justifiably dispose of the case without further litigation.
Final Decision: The writ petition is disposed of in terms of the settlement.
JUDGMENT
The parties were referred for mediation before the Mediation Center attached to the District Court, Thiruvananthapuram as per order dated 03.04.2023. The mediator has submitted a report dated 05.05.2023, stating that the matter is settled as per the terms and conditions in the memorandum of agreement entered into by the petitioner and the 5th respondent.
2. Heard the learned counsel for the petitioner, learned counsel for respondents 4 and 6 and the learned Government Pleader.
3. The learned counsel for respondents 4 and 6 submits that, respondents 4 and 6 have no objection in disposing the writ petition by recording the settlement arrived at by the petitioner and the 5th respondent.
4. The learned Government Pleader submits that, the amount due to the petitioner and the 5th respondent as per the settlement will be disbursed within a period of three months from the date of receipt of a certified copy of this judgment. The said submission is recorded.
Accordingly, the writ petition is disposed of in terms of the settlement arrived at between the petitioner and the 5th respondent. The memorandum of agreement shall form part of this judgment. Remedy, if any, available to the petitioner as against Ext. R5(l) is left open.
Sd/- MURALI PURUSHOTHAMAN JUDGE bnu APPENDIX PETITIONER’S EXHIBITS EXHIBIT P1. TRUE COPY OF THE NOTICE OF TAKING OVER POSSESSION OF THE LAND OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT UNDER L.A.C.294/2015 DATED 20.07.2017.
EXHIBIT P2. TRUE COPY OF THE ORDER OF WITHDRAWAL OF COMPLAINT IN COMPLAINT NO.1133/2014 B OF THE HON'BLE LOK AYUKTA DATED 02.06.2016.
EXHIBIT P3 TRUE COPY OF THE NOTICE OF AWARD UNDER SECTION 12(2) OF THE LAND ACQUISITION ACT
1894 DATED 23.06.2017.
EXHIBIT P4. TRUE COPY FO THE LEGAL NOTICE DATED
03.06.2017 DEMANDING COMPENSATION ISSUED ON BEHALF OF THE PETITIONER.
EXHIBIT P5. TRUE COPY OF THE REPLY NOTICE DATED
13.12.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6. TRUE COPY OF THE PLANT IN O.S.393/2011 OF THE MUNSIFF COURT, NEYYATTINKARA FILED BY THE 4TH RESPONDENT.
EXHIBIT P7. TRUE COPY OF THE COMMISSION REPORT AND PLAN IN O.S.393/2011 OF MUNSIFF COURT, NEYYATTINKARA.
EXHIBIT P8. TRUE COPY OF THE JUDGMENT IN O.S.393/2011 OF THE MUNSIFF COURT, NEYYATTINKARA DATED
13.11.2015.
EXHIBIT P9. TRUE COPY OF THE DECREE IN O.S.393/2011 OF THE MUNSIFF COURT, NEYYATTINKARA DATED
13.11.2015.
EXHIBIT P10. TRUE COPY OF THE PLAINT IN O.S.938/2015 OF THE MUNSIFF COURT, NEYYATTINKARA DATED
01.09.2015.
RESPONDENTS EXHIBITS Exhibit R5(A) A TRUE PHOTOCOPY OF THE SALE DEED NO.
2956 DATED 15.09.1975 IN THE NAME OF THE FATHER OF THE PETITIONER, RAJASHEKARAN.
Exhibit R5(B) A TRUE PHOTOCOPY OF THE SETTLEMENT DEED NO. 3255/2006 DATED 25.10.2006 EXECUTED IN FAVOUR OF THE 5TH RESPONDENT BY HIS FATHER RAJASHEKARAN.
Exhibit R5(C) A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 27.11.2015 REMITTED BY THE 5TH RESPONDENT IN RESPECT OF THE PROPERTY UNDER EXHIBIT R5(B).
Exhibit R5(D) THE TRUE PHOTOCOPY OF THE THANDAPER REGISTER IN RESPECT OF THE PROPERTY UNDER EXHIBIT R5(B) KEPT IN THE PALLICHAL VILLAGE OFFICE.
Exhibit R5(E) A TRUE COPY OF THE ABOVE SETTLEMENT DEED NO. 3018/2012 DATED 14.09.2012 OF THE SRO BALARAMAPURAM EXECUTED IN FAVOUR OF THE
5TH RESPONDENT.
Exhibit R5(F) A TRUE PHOTOCOPY OF THE SALE DEED NO.
128/2011 DATED 12.01.2011 EXECUTED IN FAVOUR OF THE PETITIONER.
Exhibit R5(G) A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED NIL PASSED BY THE LAND ACQUISITION OFFICER, KARAMANA-KALIYAKKAVILA, SPECIAL UNIT AND SPECIAL TAHSILDAR (L.A), AIRPORT, THIRUVANANTHAPURAM DIRECTING TO DEPOSIT AWARD AMOUNT UNDER SECTION 31(2)
OF LAND ACQUISITION ACT.
Exhibit R5(H) THE AWARD NOTICE DATED 20.07.2017 ISSUED TO 5TH RESPONDENT UNDER SECTION 12(2) OF THE LAND ACQUISITION ACT, 1894.
Exhibit R5(I) A TRUE PHOTOCOPY OF THE THANDAPER REGISTER KEPT IN THE VILLAGE OFFICE CONTAINING THE NAME OF NADARAJAN.
Exhibit R5(J) A TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE MUTATION RECORD, KEPT IN THE PALLICHAL VILLAGE OFFICE, WHICH CONTAIN THE ENTRY OF DISPOSAL OF THE PROPERTY OF NA
