Kerala High Court
Noushad S vs S. Jaleela on 3 June, 2025
W.P.(C) No.21590 of 2020 1
2025:KER:38806
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
WP(C) NO. 21590 OF 2020
PETITIONER:
1 NOUSHAD S, AGED 57 YEARS
S/O. SHEIK HUSSAIN, DREAM HOUSE, CHANDANATHOPPU,
MEKON CHERRY, KOTTANKARA VILLAGE, KOLLAM-691014,
PRESENTLY RESIDING AT BELARAM LODGE,
MUNDAKKAL, KOLLAM-691001.
2 SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTHERN RAILWAY, DIVISIONAL OFFICE,
THIRUVANANTHAPURAM - 695 001. I ADDITIONAL R4 TO R6
ARE IMPLEADED AS PER ORDER ORDER DATED 24.06.2021 IN
IA 2/2021 IN WPC 21590/2020.
BY ADVS.
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
SRI.NIKHIL BERNY
RESPONDENT/S:
1 S. JALEELA
W/O.NOUSHAD, DREAM HOUSE, CHANDANATHOPPU,
MEKON CHERRY, KOTTANKARA VILLAGE, KOLLAM TALUK,
KOLLAM-691014.
2 AJMAL,
S/O.NOUSHAD, DREAM HOUSE, CHANDANATHOPPU,
MEKON CHERRY, KOTTANKARA VILLAGE, KOLLAM TALUK,
KOLLAM-691014.
3 LOK ADALAT,
DISTRICT LEGAL SERVICE AUTHORITY, DISTRICT AND
SESSIONS COURT, KOLLAM, REPRESENTED BY ITS SECRETARY.
W.P.(C) No.21590 of 2020 2
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ADDL.R4 THE GENERAL MANAGER
SOUTHERN RAILWAY, DIVISIONAL OFFICE,
THIRUVANANTHAPURAM - 695 001.
ADDL.R5 SENIOR DIVISIONAL COMMERCIAL OFFICER
SOUTHERN RAILWAY, DIVISIONAL OFFICE,
THIRUVANANTHAPURAM - 695 001.
ADDL.R6 SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTHERN RAILWAY, DIVISIONAL OFFICE,
THIRUVANANTHAPURAM - 695 001.
ADDITIONAL R4 TO R6 ARE IMPLEADED AS PER ORDER DATED
24.06.2021 IN IA 2/2021 IN WP(C) 21590/2020.
BY ADVS.
R1 & R2 SRI.S.SREEKUMAR (KOLLAM)
GOVERNMENT PLEADER
SRI.A.DINESH RAO, SC, RAILWAYS
SRI.S.PRASHANTH, SC, RAILWAYS
SHRI.T.C.KRISHNA, SCGC
SRI.NIRMAL V NAIR
SHRI.M.ANEESH
SMT.ARATHI PRABHAKARAN
SMT.ENCIL K. SABU
SMT.NESILI NAZEER
GP RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.21590 of 2020 3
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VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.21590 of 2020
.................................................................
Dated this the 3rd day of June, 2025
JUDGMENT
Petitioners have approached this Court challenging Ext.P7 award and Ext.P8 document claiming that they are the outcome of fraud and hence null and void.
2. The matter was posted for mediation and it is submitted by both sides that the issues have been settled and a mediation settlement agreement dated 11.04.2025 has been entered into, relevant portion of which reads as follows:
"1. Both parties agree to set aside the award dated 08.08.2019 in PLP No.43 of 2019 passed by the Lok Adalat, Kollam.
2. Petitioner has no objection with respect to the validity of Settlement Deed No.1267 of 2019 of S.R.O. Kilikkollur in favour of respondent 1 and 2 and the said document is legal and valid.
3. The respondents 1 and 2 unconditionally agree and undertake to withdraw O.P.No.403/2019 of Family Court, Kollam, M.C.No.129 of 2019 of Family Court, and M.C.No.54/2018 of Judicial First Class Magistrate Court-I, Kollam and undertakes to file application to withdraw the above cases within two weeks from the date of receipt of the judgment.
4. The respondents 1 and 2 have no objection in releasing the retirement benefits due to the petitioner from Indian Railways and has no claim over the same."W.P.(C) No.21590 of 2020 4
2025:KER:38806 As per the terms of settlement both sides agreed to set aside the award dated 08.08.2019 in PLP No.43 of 2019 passed by the Lok Adalat, Kollam, which is produced as Ext.P7.
Taking into consideration the settlement entered into between the parties I am inclined to dispose of the writ petition as follows:
(i) Ext.P7 award is set aside. (ii) Since as per the settlement entered respondents 1 and 2 have
no objection in releasing the retirement benefits due to the petitioner from the Indian Railways and they have no claim over the same, there will be a direction to respondents 4 to 6 to see that the retirement benefits legally due to the petitioner is disbursed without any delay, at any rate, within an outer limit of one month from the date of receipt of a copy of the judgment.
(iii) The settlement agreement shall form part of the judgment.
(iv) Petitioner shall produce a copy of the judgment before the authorities concerned so as to claim the retirement benefits legally due to him.
Sd/-
VIJU ABRAHAM JUDGE cks W.P.(C) No.21590 of 2020 5 2025:KER:38806 APPENDIX OF WP(C) 21590/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE M.C.NO.54/2018 OF JFCM-I, COURT, KOLLAM.
EXHIBIT P2 TRUE COPY OF THE O.P.NO.403/2019 OF FAMILY COURT, KOLLAM.
EXHIBIT P3 TRUE COPY OF I.A.NO.1075/2019 IN O.P.NO.403/2019 OF FAMILY COURT, KOLLAM. EXHIBIT P4 TRUE COPY OF M.C.NO.129/2019 OF FAMILY COURT, KOLLAM.
EXHIBIT P5 TRUE COPY OF ORDER DATED 9.8.2019 IN CRL.M.C.NO.1373/2019 OF PRINCIPAL SESSIONS COURT, KOLLAM.
EXHIBIT P6 TRUE COPY OF REPLY GIVEN BY SUPERINTENDENT, DISTRICT JAIL, KOLLAM.
EXHIBIT P7 TRUE COPY OF AWARD IN PLP NO.43/2019 OF LOK ADALAT, KOLLAM.
EXHIBIT P8 TRUE COPY OF CERTIFIED COPY OF SETTLEMENT DEED NO.1267/2019 OF SRO, KILIKKOLLOOR. EXHIBIT P9 TRUE COPY OF THE UNNUMBERED APPLICATION FILED BY 1ST RESPONDENT BEFORE FAMILY COURT, KOLLAM.
EXHIBIT P10 TRUE COPY OF THE UNNUMBERED INTERLOCUTORY APPLICATION FILED BY 1ST RESPONDENT BEFORE FAMILY COURT, KOLLAM.
Exhibit-P11 True copy of discharge summary dated 24.05.2019 issued by Azeezia Medical College Hospital, Kollam Exhibit-P12 True copy of judgment dated 20.11.2023 in S.C No.435/2020 passed by Sessions Court, Kollam RESPONDENT EXHIBITS Exhibit R1(A) A true copy of the Casualty Outpatient Ticket dated 5-12-2018 issued by the District Hospital, Kollam Exhibit R1(B) A true copy of the interim order dated 7-12- 2018 in M.C. No. 54/2018 on the files of the Judicial Magistrate of the First Class-I, Kollam Exhibit R1(C) A true copy of the Casualty Outpatient Ticket dated 6-2-2019 issued by the District W.P.(C) No.21590 of 2020 6 2025:KER:38806 Hospital, Kollam Exhibit R1(D) A true copy of the Casualty Outpatient Ticket dated 13-5-2019 issued by the District Hospital, Kollam Exhibit R1(E) A true copy of the receipt no. 1549/2019 dated 23-5-2019 issued by the Kundara Police Station Exhibit R1(F) A true copy of the Casualty Outpatient Ticket dated 22-7-2019 issued by the District Hospital, Kollam Exhibit R1(G) A true copy of the FIR in Crime no.
1600/2019 of the Kundara Police Station, Kollam District Exhibit R1(H) A true copy of the relevant portion of the statement of accounts of the bank account of this respondent held with the State Bank of India, Kollam Beach Road Branch Exhibit R1(I) A true copy of the order dated 19-11-2019 in O.P. No. 403/2019 on the files of the Family Court, Kollam Exhibit R1(J) A true copy of the order dated 19-11-2019 in M.C. No. 129/2019 on the files of the Family Court, Kollam Exhibit R1(K) A true copy of the memo dated 15-10-2020 filed by the writ petitioner in Exhibit P9 O.P. Exhibit R1(L) A true copy of the encumbrance certificate dated 27-7-2023 of the properties covered by Exhibit P8 issued by the Sub- Registrar, Kilikollur SRO Exhibit R1(M) A true copy of possession notice dated 6-7- 2023 issued by the Authorised Officer, State Bank of India, RACPC Kollam branch