Chandran V. v. Village Officer, Guruvayoor and Others
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
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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