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2012 Supreme(Online)(KER) 50175
HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
KECHERI JUMA MASJID COMMITTEE – Appellant
Versus
DEPUTY SUPERINTENDENT OF POLICE – Respondent
OP(Crl.) 2538 2012
SRI.AV.M.SALAHUDDEEN, SMT. DHANYA KOTHOOR, SRI.V.V.ASOKAN, SRI.P.P.RAMACHANDRAN, SMT. R. REMA
The judgment reinforces the role of mediation as a primary means of resolving disputes and the importance of accuracy in settlement documentation.
Headnote:
Mediation - Dispute Resolution - Legal Service Authority - Mediation Reports - Sectarian Dispute
Fact of the Case:
The case involves a dispute between two sects regarding the timing of the bang call during the Ramsan period. After mediation, a settlement was reached, but mistakes were identified in the documentation of this settlement.
Finding of the Court:
The court noted that the parties cooperated during mediation, a settlement was achieved, and mistakes in the document could be addressed without significant impact due to the Ramsan period having concluded. The court directed referral to the Legal Service Authority for a permanent resolution.
Issues: The main issue was whether the mistakes in the mediation settlement should affect the ongoing relationship and resolution of disputes between the sects.
Ratio Decidendi: The court emphasized the importance of mediation and the potential for ongoing dialogue through the Legal Service Authority to prevent future disputes.
Final Decision: The petition is disposed of with a direction for parties to pursue the matter through the Legal Service Authority.
JUDGMENT
Taking note of the disputes covered by the proceedings between two sects over the timing of the bang call during the Ramsan period, the parties were referred to mediation to examine whether a mediated settlement is possible. Learned counsel on both sides submits that parties co-operated with the mediation and a settlement has been arrived. However, while drafting the settlement, according to the learned counsel for the fifth respondent, some mistakes crept in while incorporating the timings as per the calendar recognized by the sect belonging to that respondent. Learned counsel for the petitioner submits that now that the Ramsan period is over the mistake whatever that be in the settlement effected need not be given much significance. In the revision filed before the Sessions Judge, there is a direction to refer the parties to the Legal Service Authority for a permanent solution to resolve the controversy between the two sects, that too, it is conceded by both sides, arise only during the Ramsan period, but, every year. Settlement arrived by the parties in the mediation shall form part of this order. Report of the mediator will also have its own value with respect to the mistake which is stated to have crept in the settlement. I make it clear that the report of the mediator will not form part of the order. However, that also has to be looked into when parties proceed further to have a permanent solution by way of mediation or conciliation through the Legal Service Authority. Hoping that the parties will make every endeavour to reach a settlement in the matter to avoid repetition of such disputes recurring from the next year onwards, the petition is disposed of, but, with the reservation that the parties can pursue the matter before the Legal Service Authority to bring out a settlement.
S.S.SATHEESACHANDRAN JUDGE.
DMR/-
