Kerala High Court
State Of Kerala vs Gangadhara Menon on 12 October, 2018
Author: Sathish Ninan
Bench: V.Chitambaresh, Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 121-3 DAY OF OCTOBER 2018 / 20TH ASWINA, 1940 LA.Rpp..No. 367 of 2016 AGAINST'THE'JUDGMENT IN LAR 129/2012 of PRL.SUB COURT, KOZHIKDDE DATED 22-10-2013 APPELLANT/lsT RESPONDENT IN LAR: STATE OF KERALA REP. BY THE SPECIAL TAHSILDAR (LA), KOYILANDY BY GOVERNMENT PLEADER SRI.A.K.SUKUMARAN RESPONDENTS/CLAIMANTS & 2ND RESPONDENT IN LAR: 1 GANGADHARA MENON S/O EACHAPPAN NAIR, PANACHIKKAL HOUSE, FEROKE, COLLEGE P.O.- 673 632 2 RAMANI W/O GANGADHARA MENON S/O EACHAPPAN NAIR, PANACHIKKAL HOUSE, FEROKE COLLEGE P.O.(REP.BY CHERUKATT BALAGOPAL, S/O CHELAT PARAMESWARA NAIR, GANGA NIVAS, VARIYAMTHODI, P}O;RAMENATTUKARA, KOZHIKODE, PIN- 673 633). 3 THE MANAGING DIRECTOR KINFRA,THIRUVANANTHAPURAM- 695 001 SRI.G.S.REGHUNATH - R3 SRI.K.A.SALIL NARAXANAN - R1, R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12.10.2018 A/W C.O. 97/17, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 12TH DAY OF OCTOBER 2018 / 20TH ASWINA, 1940 CO.No. 97 of 2017 IN LALAQQ.. 367/2016 AGAINST THE JUDGMENT IN LAR 129/2012 of PRL.SUB COURT, KOZHIKODE DATED 22-10-2013 OBJECTORS/RESPONDENTS 1 AND 2/CLAIMANTS GANGADHARA MENON SON OF EACHAPPAN NAIR, PANACHIKKAL HOUSE, POST FAROOKH COLLEGE. REMANI W/O. GANGADHARA MENON, PANACHIKKAL HOUSE, POST FAROOKH COLLEGE. (BOTH ARE REPRESENTED BY P/A HOLDER C. BALAGOPAL, SON OF PARAMESWARAN NAIR, GANGA NIWAS, VARIYAMTHODI, POST RAMAATTUKARA KOZHIKODE DISTRICT) BY ADV. SRI.K.A.SALIL NARAXANAN RESPONDENTS/APPELLANT & RESPONDENT: 1 STATE OF KERALA REPRESENTED BY SPECIAL TAHSILDAR (LA), KOYILANDY - 673 620. THE MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM - 695 001. GOVT. PLEADER SRI.A.K.SUKUMARAN - R1 SRI.G.S. REGHUNATH - R2 THIS CROSS OBJECTION HAVING BEEN FINALLY HEARD ON 12.10.2018 A/W LAA 367/16, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. CHITAMBARESH & SATHISH NINAN, JJ. L. A. A. No.367 of 2016 & C.O. No.97 of 2017 Dated this the 12th day of October, 2018 J U D G M E N T
V. Chitambaresh, J.
The parties have sett1ed the dispute on mediation. The terms thereof wi1'l form part of this judgment. The appeai and the memorandum of cross objection are disposed of according1y. The court fee paid on the memorandum of appeai and the memorandum of cross objection shaH stand refunded to the parties.
Sdl-
V. CHITAM BARESH JUDGE Sd/-
SATHISH NINAN JUDGE knsl--
//True Copy/l PS. to Judge
--7--f 44/r8/mrikkc'l' '7 > 75681 No 963/ 1 8/MC/KKD Office of the District Mediation Centre, Court Complex, Kozhikode, From M.P.Jayaraj, The Co--ordinator/Sub Judge District Mediation Centre To The Registrar General, . Hon'ble High Court of Kerala, Ernakulam.
Sir, Sub:- Mediation -- Report of Mediator -- Submitting of -- Reg. Ref:- 1. Order in LAA. No 367/16 in LAR No 129/12 of the Honéble High Court of Kerala.
2. Report of Mediator dated 06.08.2018. The report of the Mediator, regarding the mediation conducted in LAA No. @367/16 of the Hon'ble High Court of Kerala, which was referred for mediation as . per the order cited lSt under reference, is submitted herewith along with agreement for favour of information and necessary action. Yours faithfully, «Jafii:::2 Calflul' 3o -- 'J-lfi' From A. C.Ambika, Mediator, Kozhikode To The Co-- Ordinator, Mediation Centre , Kozhikode Sir, .
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Sub: LHH Bin/IL, LRR Lia/Ia Mch Han/W "7% am Clal'manL- (Banjadhawah 406L<~é « The above matter is [50,457. settled in mediation. Hence I am returning the file herewith.
Thanking You, Yours faithfully, R Vic _ lemlco' MEDIATION CENTRE, KOZHIKODE MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE ' i OF CIVIL PROCEDURE READ WITH RULE 24 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION ) RULES 2008. - ii BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM ' v L.A.APPEALNO.36¥ 01:20/6, LAR. No. lac? /20 [52 , , Co' Ont/cl Between:
: . State of Kerala Rep.by Special Appellant Tahsildar(LA) - Koyilandy lSt Respondent in LAR lfl'aaryad/om Mew/L «5% ac/m Wan Nam Pom Chth Mm; 'zzwée (We? fOClaimants Be Waman/ 00/0 don ,ad/tamm Pg!» 5(7 Cfimkmflwga a.
V g: CAI [0/9" Pavement/am MW ~. , 'fia NW Vargamflaou t %M Amt/44 by VGK 1' 2. The Managing Director KINFRA , Thiruvananthapuram The Parties above named beg to submit as follows:
_ Whereas an extent of .... hectares of garden land in Re--survey No....'\--r / and.O.'.O§l.o(lg hectares of wet land in Resurvey N0924O f1 ;
Ramanttukara village was acquired for the formation of knowledge Park at Ramanattukara and reference was made before the Hon'ble Principle Sub Court, Kozhikode as LAR I / 20/ and the same was decreed in favour of the Claimant. The State/ Claimants preferred Appeals Cross objections against the same.
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1. Whereas the said appeal / Cross objection Were referred through mediation for resolving the disputes between the parties. In the course of mediation, they have resolved their dispute and." have} agreed to the following terms and conditions. . i ' V l. The market value of the land is fixed at the rate of Rs.
( ..... .......................................................... .. )'pereentef--garéen--laad- - and Rs. Kama/(r."Seveafgfifxnffxowawflmc? .pe/w WM, and the claimants are entitled get all statutory benefits and com e'nsation in accordance with Law.
2. As per the above settlement the claimant as well as the respondents as on this day consented and agreed the matter for total sum of Rs. (Ewen .. [a UL. . €29 .Azrwhiouafama . . .Qwfichmsvfl / Me 233% bgeffiégll the date of signing of mediation,
3. The respondents have agreed to deposit the aforesaid amount of mamas/63%. Hz ..§§M.7%oe<a.. Aer , . - 5007-20 Q ' Owith immm gaite o . signin/gbcc) liSlClTéglatl n agregnefit dated For these 5 months no further. interest will be accrued upon this amount.
4. If the above settled amount is not deposited by the respondents State/ Requisition Authority within the stipulated time, the original decree of the trial court will be revived as the appellate decree.
5. The claimant/ Requisition Authority is entitled to get the refund of the full Court fee/ institution fee paid in the Appeal or in Cross objection.
6. The above settlement will be full and final settlement after ratification of the Hon'ble High Court of Kerala in this matter.
11. In View of the aforesaid agreement entered into between the parties, the parties pray that the Appeals/ Cross objections being decreed/ disposed of in terms of «at .mwamw (5W4) .
the aforesfi agreement.
HI. Parties will appear before the Hon'ble High Court of Kerala for passing 5 orders / Decree in terms of the said Agreement. a \ Appellant/ Cross objector Respondents/ Cross objector Witch? Q'Av HZAW QMulw* Advocate for Appellant/ ' l. , ' 8'3"
Cross objector ' L ' awed" ma" . "
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., , "wag: Nofihel REV '- ' 1o"3\"ea W'Fak ."flgvap' > ~u< W 1&' Advocate for Respondent/Cross objec or 4w EQE'F'E'W' i;;'".' = 'r x "3"" ' (rs Verification \ a _. r ,
------.-------- ADvL/'iJ/«i 5;, ma: ~ .udl We, the parties above named, do hereby solemnly state and declare'tha'eflzvhat is contained in paragraphs 1 to 6 are true to. the best of our knowledge, information and I belief. ' Appellant Respondents [Cross objector 'gfib'dffld . - P-A NAM ' P1 K0 J M ' ,, \eedwa' " . . .
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