High Court of KeralaSingle JudgeDisposed of in terms of the settlement; Memoran...

Chandran V. v. Village Officer, Guruvayoor and Others

Case / Petition Number:WP(C) No. 40555 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Murali Purushothaman J.
Judgment Date
2023-12-22
Court Decision / Holding
The writ petition is disposed of in terms of the settlement arrived at between the petitioner and respondents 3 to 5. The Memorandum of Settlement forms part of this judgment. The Government Pleader’s submission that mutation can be effected by the competent authority taking the settlement into account is recorded. It is further ordered that the 1st and 2nd respondents were not necessary parties to the settlement, and the petitioner may pursue mutation/transfer consideration in accordance with the settlement.
Final Disposition
Disposed of in terms of the settlement; Memorandum of Settlement to form part of the judgment; mutation to be considered by the competent authority in light of the settlement.

Parties to the Case

Appellants / Petitioners

  • Chandran V.

Respondents

  • Village Officer, Guruvayoor Village Office, Thrissur District
  • Tahasildar (LR), Chavakkadu Taluk Office, Thrissur District
  • Deepak, S/o Balachandran, Cheerathú House, Nagalassery, Kothachira P.O., Palakkad District
  • Addl.R4 Faizal, S/o Moidu, Meleppattuvalappil House, Kootanadu, Perummannur P.O., Palakkad District
  • Addl.R5 Sharaj, S/o Jayaprakashan, Kanjiraparambil House, Punna, Chavakkad P.O., Thrissur District

Legal Representation & Advocates

Counsels for Petitioners

  • • Jishy P S
  • • V.V. Joy Ramakrishnan
  • • M.N. (K/1147/2016)
  • • Hemanth H. (K/130/2023)
  • • Agna Prem (K/003138/2022)
  • • Dhilsha Habeeb (K/002020/2022)
  • • Senitta P. Jojo (K/001350/2022)

Counsels for Respondents

  • • Deepa Narayanan (Senior Government Pleader)

Case Synopsis & Summary

Chandran V., the petitioner in WP(C) No. 40555 of 2023 before the High Court of Kerala at Ernakulam, sought relief in a property dispute related to land transactions in Guruvayoor, Thrissur District. The matter was referred to mediation, and the mediator submitted a report dated 21 December 2023 that the dispute had been settled by a Memorandum of Settlement between the petitioner and respondents 3 to 5. The court records show that respondents 3 to 5, including Deepak and Addl. R4 Faizal and Addl. R5 Sharaj, acknowledged receipt of the sale consideration in connection with sale deeds 54/2021, 972/2021, and 1782/2023 of SRO Kottappady and Akkikavu, and agreed to a comprehensive settlement that resolved the issues in the writ petition and restrained further litigation with respect to the related property transactions. Respondents 1 and 2 (Village Officer and Tahsildar) were described as not necessary parties to the settlement. The Government Pleader stated that mutation could be considered by the competent authority in light of the settlement, and the court disposed of the petition accordingly, recording that the memorandum of agreement would form part of the judgment. The memorandum also contemplates transfer of registry in favor of the petitioner subject to due process.

Provisions of Law Cited

Section 89 of the Code of Civil ProcedureRules 24 & 25 of the Civil Procedure (Alternative Dispute Resolution) Rules, 2008

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner and his counsel sought resolution of the disputes through mediation and agreed to the settlement reached with respondents 3 to 5. The mediation report dated 21 December 2023 confirmed that the matters between the petitioner and respondents 3 to 5 were settled under a Memorandum of Settlement. Counsel for the petitioner and respondents 3 to 5 indicated no objection to disposing the writ petition on the basis of the settlement. The Government Pleader supported disposal under the settlement terms, while noting that mutation could be processed by the competent authority considering the settlement. The petitioner’s objective included securing transfer/registration of property in his name consistent with the sale deeds and the settlement terms.

Contentions of Respondents

Respondents 3 to 5 confirmed there was no objection to disposing the writ petition by recording the settlement and that the memorandum of agreement should govern the disposition. They acknowledged receipt of full sale consideration for the relevant deeds and undertook to refrain from further litigation in connection with the subject property, including related litigation under Section 138 of the NI Act. They also agreed to support transfer of registry in favor of the petitioner based on sale deed 1782/2023 and to ensure no further claims against the settled transactions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN** **FRIDAY, THE 22[ND] DAY OF DECEMBER 2023 / 1ST POUSHA, 1945** ## **WP(C) NO. 40555 OF 2023** ## **PETITIONER:** **CHANDRAN V. AGED 68 YEARS S/O. V. NARAYANAN, VATTAPARAMBIL HOUSE, KOPPAM, AMAYUR P.O., PALAKKAD DISTRICT, KERALA., PIN - 679303** **BY ADV M.R.DHANIL** ## **RESPONDENTS:** |**1**|**VILLAGE OFFICER**| |---|---| ||**GURUVAYOOR VILLAGE OFFICE,**| ||**THRISSUR DISTRICT, KERALA., PIN - 680101**| |**2**|**TAHASILDAR (L.R)**| ||**CHAVAKKADU TALUK OFFICE,**| ||**THRISSUR DISTRICT, KERALA., PIN - 680506**| |**3**|**DEEPAK**| ||**AGED 31 YEARS**| ||**S/O. BALACHANDRAN, CHEERATHU HOUSE,**| ||**NAGALASSERY, KOTHACHIRA P.O.,**| ||**PALAKKAD DISTRICT, KERALA., PIN - 679535**| |**4**|**ADDL.R4 FAIZAL,**| ||**AGED 35 YEARS, S/O. MOIDU,**| ||**MELEPPATTUVALAPPIL HOUSE, KOOTANADU,**| ||**PERUMMANNUR P.O., PALAKKAD DISTRICT, KERALA-679536.**| |**5**|**ADDL.R5 SHARAJ,**| ||**AGED 44 YEARS, S/O. JAYAPRAKASHAN,**| ||**KANJIRAPARAMBIL HOUSE, PUNNA,**| ||**CHAVAKKAD P.O., THRISSUR DISTRICT, KERALA-680506.**| ||**[ADDL.R4 & R5 ARE IMPLEADED AS PER ORDER DATED**| ||**08.12.2023 IN I.A-1/2023 IN WP(C) 40555/2023]**| **WP(C) NO. 40555 OF 2023 : 2 :** **BY ADVS. Jishy P S No Advocate V.V.JOY RAMAKRISHNAN M.N.(K/1147/2016) HEMANTH H.(K/130/2023) AGNA PREM(K/003138/2022) DHILSHA HABEEB(K/002020/2022) SENITTA P. JOJO(K/001350/2022) R BY SR.GP ADV.DEEPA NARAYANAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 40555 OF 2023 : 3 :** ## **JUDGMENT** The parties were referred for mediation before the Mediation Center, High Court of Kerala as per order dated 18.12.2023. The mediator has submitted a report dated 21.12.2023, stating that the matter is settled as per the terms and conditions in the memorandum of agreement entered into between the petitioner and the respondents 3 to 5. 2. Heard the learned counsel for the petitioner, learned counsel for respondents 3 to 5 and the learned Government Pleader. 3. The learned counsel for respondents 3 to 5 submits that, they have no objection in disposing the writ petition by recording the settlement arrived at between the petitioner and the respondents 3 to 5. **WP(C) NO. 40555 OF 2023 : 4 :** 4. The learned Government Pleader submits that, based on the settlement, the petitioner can approach the competent among the respondents 1 and 2 for mutation of the property and the said authority will consider the request taking into account the settlement arrived at between the parties. The said submission is recorded and it is ordered accordingly. Accordingly, the writ petition is disposed of in terms of the settlement arrived at between the petitioner and respondents 3 to 5. The memorandum of agreement shall form part of this judgment. Sd/- **MURALI PURUSHOTHAMAN JUDGE** SB **WP(C) NO. 40555 OF 2023 : 5 :** ## **APPENDIX** ## **PETITIONER EXHIBITS** - **Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF SALE DEED NO.1782/2023 OF KOTTAPPADI SRO DATED 08/11/2023** - **Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 20/04/2022 OF GURUVAYOOR VILLAGE OFFICE** - **Exhibit P3 TRUE COPY OF THE RECORD OF RIGHTS/ THANDAPPER ACCOUNT DATED 20/04/2023 OF GURUVAYOOR VILLAGE OFFICE** - **Exhibit P4 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 21/11/2023 OF KOTTAPPADI SRO** ## EFLNAKLJLAM M-ED[ATION CENTFLE # (HI`Gl+ COURT HALL} (2nd[ftcor, above SBl,, H!gh Cburt Butidingr ErnakLIlam, lGochl-31`.{Ph:0484-2562238}] E!McfpiR6No.../S.fl.S=. Datnd.:3-I. Froin TheNodal,Officer, ` .`. High . Court inediation Centre. . 'To The Regi.strar Uudicial}, I . High Court Of Kerala; Emakulam. e Sir' -< Sub : Med!ati.op Of case referred by the_Hdn'b!e H!`8h Co.urt of Kerala - leg, Rot : 3:::g:.'./:##T±j...'..#;.fri.€ £?i:i?i;:. fgc/;.uart©.££;i.ii; 1,11\*,11, • I am to' forward hereirjth Report of the Mediator in. the matt.er along • with the eriElosures fo{jrfQrmation and nFcessary actioht ` • Yours Faithfully, ha2g?. - F' `Nodal ckcer, - . Emaku!am Mediation centre V' Err Enc]:-1. Report Of the Med`rator[ Setdiement ejELE#he-HighcourfofKerala„ •. 2. Foby of t.he`referfal order dared .../.8. `3. Copy of the Pctition ## BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAl(ULAM W.P.(C}. No.40555 of 2023 Chandran V. Petitioners Vs. Village officer,Guruvayoor and others : Respondents ## REPORT SUBMl-FTED BY THE MEDIATOR ## ADV. MATHEW KURIAKOSE Mediated, matter is setled. Memorandum of settlement is forwarded herewith. Dated this the 20th day of December, 2023. Adv. Mathew Kuriakose Mediator Ernakulam Mediation Centre # BEFORE THE HONOUIIABLE HIGH COURT OF KERALA AT ERNAKULAM # W.P.(C). No.40555 of 2023 Chandran V. Petitioners Vs. Village officer,Guruvayoor and others : Respondents MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008: Respondent Nos.1 and 2 are not necessary parties to this settlement. Petitioner Chandran V, Respondent No.3 Deepak represented by Power of Attorney Holder and sister jyothi Prasad, Addl.R4, Faizal and Addl.R5 Sharaj agree to settle the issues involved in this above WP(c) on the following terms and conditions. 1.Addl.R5, Sharaj confirms that he has received the entire sale consideration in connection with sale deed No.54/2021 of S.R.O Kottappady in cash in instalments from Addl.R4 Faizal. 2.Addl.R5 Sharaj further confirms that he shall not continue the proceedings in O.S. No.125/2023 of Sub Court, Chavakkad and he has no objection in lifting the order of attachment in I.A.No.2/2023 in 0.S.No.125/2023 of the Sub Court, Chavakkad. 3.Addl.R4, Faizal confirms that he has received the entire sale consideration in connection with sale deed No.972/2021 of S.R.O Kottappady in cash in installments from 3rd Respondent, Deepak. Petitioner ` Chandranv.\t).c± ## Respondents R3,Deepak, Rep. By P.O.A Holder > jyothi Prasad •.,.2?.i=f Addl.R4.Faizal '¥ Addl.R5 Sharaj `` ` Kochi-682 03J=ap€eHM,eg;#'a83=nano#CK°e:a¢:l!all®n6enlFB ## (2) 4.Addl.R4, Faizal further confirms that O.S.No.135/2022 of Chavakkad Sub Court has already been settled and compromise Decree has been passed therein on 30.01.2023 and he has no further claim as against R3 Deepak. 5.Parties agree that they shall not initiate any further litigations in connection the sale of property as per sale deed No.54/2021, sale deed No.972/2021 of S.R.O, Kottappady and Sale deed No.1782/2023 of S.R.O Akkikavu. including proceedings under Section 138 of the NI Act. 6.Respondent No.3 & Addl.Respondent Nos.4 & 5 shall have no objection in effecting transfer of Registry of 6.30 Ares of property in Survey No.120/5 of Guruvayoor Village, Chavakkad Taluk in the name of the Petitioner, Chandran on the basis of Sale deed No.1782/2023 of S.R.O Akkikavu. 7.The WP(c) may be disposed off recording and in according with this settlement. ## Dated this the 20th day of December, 2023. Petitioner Chandran v. V rz± ## ResDondents R3.Deepak, Rep. By P.O.A Holder jyothi prasad pe Cloctngd Jiv fu Pg#ftywh9 , M#%|-(k|340|toay) Addl.R4.Faizal Addl.R5 Shar -.:-:_-_ ----`-_ : rfuL]lastater"eujtjt,uriai-,„,,"u„....„ueHHf`` Hjgh courtofKerala {*.`L` Kochj -682 031 €c,ungcl n c3"4 Re>pnhewh SEtJ \ T T 0 P.T]o1oCJull950/2b22)_) **==> picture [278 x 120] intentionally omitted <==** **----- Start of picture text -----**<br> AV,.@,¢J6-<br>'::_-:-- :=f --=-<br>fty,-. jo/. ¥= ;G,),£<br>**----- End of picture text -----**<br> ## VERIFICATION We, the parties above named, do hereby solemnly state and declare that what is contained in paragraphs 1 to 7 are true to the best of our knowledge, information and belief. Petitioner .-..:.:I-iif-,ke.--..`;`i ® Chandranv. Respondents R3.Deepak, Rep. By P.0.A Holder jyothi prasad ee Addl.R4.Faizai C# Addl.R5 Sharaj ®