Kerala High Court
Umesh K.C vs Nirmala Chandran on 24 May, 2016
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 30TH DAY OF MAY 2018 / 9TH JYAISHTA, 1940
WP(C).No. 24038 of 2016
PETITIONERS :
1 UMESH K.C.,
S/O.CHANDRAN, KOTTAYIL HOUSE,
PURANATTUKARA.P.O.,
THRISSUR DISTRICT.
2 SABEESH,
S/O.CHANDRAN, KOTTAYIL HOUSE,
MINOR ROAD, NADATHARA VILLAGE,
THRISSUR DISTRICT.
BY ADVS.SRI.K.A.SATHEESA BABU
SRI ROSHAN BABU
RESPONDENTS :
1. NIRMALA CHANDRAN,
KOTTAYIL HOUSE,
PURANATTUKARA P.O.,
THRISSUR DISTRICT-680 009.
2. MAINTENANCE TRIBUNAL AND SUB COLLECTOR,
COLLECTORATE, AYYANTHOLE,
THRISSUR-680 009.
R1 BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM
R2 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-05-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 24038 of 2016 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 IMPUGNED ORDER BY SECOND RESPONDENT DATED 24.5.2016.
RESPONDENT(S)' EXHIBITS
R1(A) TRUE COPY OF THE APPLICATION DATED 13.11.2015 MADE BY THE 1ST
RESPONDENT BEFORE THE MAINTENANCE TRIBUNAL
R1(B) TRUE COPY OF THE PRESCRIPTION DATED 22.2.2012 ISSUED BY
DR.K.R. RAJEEVAN, SENIOR MEDICAL OFFICER (RETD),
SIDHAVYDYASRAMAM, THRISSUR
R1(C) TRUE COPY OF THE PRESCRIPTION DATED 23.6.2012 ISSUED BY
DR.K.R. RAJEEVAN, SENIOR MEDICAL OFFICER (RETD),
SIDHAVYDYASRAMAM, THRISSUR
R1(D) TRUE COPY OF THE PRESCRIPTION DATED 20.2.2014 ISSUED BY
DR.K.R. RAJEEVAN, SENIOR MEDICAL OFFICER (RETD),
SIDHAVYDYASRAMAM, THRISSUR
R1(E) TRUE COPY OF THE PRESCRIPTION DATED 21.5.2014 ISSUED BY
DR.K.R. RAJEEVAN, SENIOR MEDICAL OFFICER (RETD),
SIDHAVYDYASRAMAM, THRISSUR
R1(F) TRUE COPY OF THE PRESCRIPTION DATED 7.10.2014 ISSUED BY
DR.K.R. RAJEEVAN, SENIOR MEDICAL OFFICER (RETD),
SIDHAVYDYASRAMAM, THRISSUR
R1(G) TRUE COPY OF THE PRESCRIPTION DATED 3.12.2014 ISSUED BY
DR.K.R. RAJEEVAN, SENIOR MEDICAL OFFICER (RETD),
SIDHAVYDYASRAMAM, THRISSUR
R1(H) TRUE COPY OF THE PRESCRIPTION DATED 29..6.2015 ISSUED BY
DR.K.R. RAJEEVAN, SENIOR MEDICAL OFFICER (RETD),
SIDHAVYDYASRAMAM, THRISSUR
R1(I) TRUE COPY OF THE PRESCRIPTION DATED 29.9.2015 ISSUED BY
DR.K.R. RAJEEVAN, SENIOR MEDICAL OFFICER (RETD),
SIDHAVYDYASRAMAM, THRISSUR
R1(J) TRUE COPY OF THE RECEIPT DATED 18.4.2015 EVIDENCING THE
RECEIPT OF RS.23,000/- BY DR.RANI MENON'S EYE CLINIC, THRISSUR
R1(K) TRUE COPY OF THE RECEIPT DATED 25.4.2015 EVIDENCING THE
RECEIPT OF RS.23,000/- BY DR.RANI MENON'S EYE CLINIC, THRISSUR
R1(L) TRUE COPY OF THE PRESCRIPTION DATED 18.5.2016 ISSUED BY
DR.RAJESH KUMAR J., CONSULTANT NEURO SURGEON, WEST FORT
HOSPITAL, THRISSUR
WP(C).No. 24038 of 2016 (D)
R1(M) TRUE COPY OF THE PRESCRIPTION DATED 13.6.2016 ISSUED BY
DR.RAJESH KUMAR J., CONSULTANT NEURO SURGEON, WEST FORT
HOSPITAL, THRISSUR
R1(N) TRUE COPY OF THE APPLICATION DATED 25.6.2016 FILED BY THE 1ST
RESPONDENT BEFORE SECOND RESPONDENT FOR THE EXECUTION OF
EXHIBIT P1 ORDER PASSED BY THE 2ND RESPONDENT
TRUE COPY
P.S. TO JUDGE
EL
30.5.2018
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No.24038 of 2016
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Dated this the 30th day of May, 2018
JUDGMENT
The petitioners were referred to mediation. Parties had entered into a settlement. In that view of the matter, in super-session of the order passed by the Maintenance Tribunal, the settlement entered into between the parties will bind them.
2. The learned counsel for the respondent points out that there is a mistake occurred in paragraph 7. According to him, agreement to pay Rs.6,000/-, Rs.3,000/- by petitioners 1 and 2 should be understood payment in every month. Having read paragraph 4 and 5, I am of the view that the payment as agreed in paragraph 7 is 'payment in every month'. Clarifying the above, the writ petition is disposed of in terms of mediation agreement. The mediation agreement will form part of the judgment. In case of any non compliance, the parties are at liberty to approach the Maintenance Tribunal to enforce the order.
A.MUHAMED MUSTAQUE, JUDGE cms