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2014 Supreme(Online)(KER) 15112
HIGH COURT OF KERALA
C.T.RAVIKUMAR, J
KANNAMANGALAM GRAMA PANCHAYATH – Appellant
Versus
THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITTIONS – Respondent
WRIT PETITION (CIVIL) 25774/2013
The judgment affirms the binding nature of mediation agreements under Section 89 of the CPC in resolving disputes amicably.
Headnote:
Mediation - Writ Petition - Code of Civil Procedure Section 89 - The court emphasized the role of mediation in dispute resolution, recognizing the binding nature of the memorandum of agreement reached by the parties during the mediation process.
Fact of the Case:
The petitioner filed a writ petition challenging orders prohibiting the use of its properties, seeking to quash those orders and asserting its right to utilize the properties for public purposes.
Finding of the Court:
The court found that the parties reached a successful mediation agreement, which was endorsed by both sides, thus allowing for the resolution of the issues without further litigation.
Issues: The main issues revolved around the jurisdiction of the orders imposed on the use of the petitioner’s properties and the validity of the mediation agreement.
Ratio Decidendi: The court held that the mediation agreement, which complied with Section 89 of the CPC, is binding and serves to resolve the dispute between the parties effectively.
Final Decision: The writ petition is disposed of with the terms of the mediation agreement forming part of the judgment.
JUDGMENT
The petitioner Panchayath filed this writ petition mainly seeking the following reliefs:-
“i)Call the entire records leading up to Exhibits P8 and P10 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions;
ii)Declare that the orders - Exhibits P8 and P10 are passed by the first respondent, prohibiting the use of the properties of the petitioner covered by Exhibit P1 document, is totally without jurisdiction;
iii) Declare that the petitioner - Grama Panchayath can use its properties comprised in R.S.No.189 Part of the Kannamangalam Village for whatever public purposes as decided by the Panchayath; “
2. On 16.6.2014 taking note of the submissions made by the learned counsel on either sides that there is chance for settlement of the issues involved in this writ petition this Court directed the parties to appear for mediation on 25.6.2014. Pursuant to the said direction the parties appeared for mediation before the High Court Mediation Centre and after a successful mediation the matter was compromised and settled. The mediator has forwarded a copy of a memorandum of agreement entered into by the parties regarding the terms of settlement under section 89 of Code of Civil Procedure (Alternative Dispute Resolution) Rules, 2008. The learned counsel on both sides submitted that in the light of the settlement thus arrived at and duly endorsed by the parties and their counsel the matter can be disposed of. In the said circumstances, subject to the terms and conditions in the memorandum of agreement entered into between the parties this writ petition is disposed of. The memorandum of agreement dated 25.6.2014 entered into between the parties under section 89, CPC referred above will form part of this judgment.
