Disposed

Govind Annex Owners' Association v. Principal Secretary to Government

Kerala HC12 Dec 2018WP(C)/29059/2013

Case brief

AI extract

What is this about?

The High Court of Kerala recorded a mediation settlement agreement entered between the petitioner and the fifth respondent. Directing the Additional Tahsildar to conduct survey, measurement, and demarcation, the Court ordered compliance within three months and disposed of the writ petition upon the mediation agreement's terms.

What did the court decide?

The petitioner and the 5th respondent were directed to produce title deeds before the 3rd respondent for survey, measurement, and demarcation of boundaries within three months; copies of the surveyor'

Govind Annex Owners' Association Vs Principal Secretary… — Specific Performance | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940

¶5

WP(C).No. 29059 of 2013

¶6

PETITIONER/S:

¶7

GOVIND ANNEX OWNERS' ASSOCIATION REG.NO.33/06,NORTH NADA,GURUVAYOOR-680101,REPRESENTED BY SECRETARY,A.P.R.UNNI,S/O.T.M.VASUDEVAN

¶8

NAMBOODIRI,AGED 76 YEARS,FLAT NO.1D,GOVIND ANNEX,NORTH NADA,GURUVAYOOR-680101.

BY ADVS.

SRI.C.A.CHACKO

SMT.C.M.CHARISMA

SMT.MEGHA K.XAVIER

¶13

RESPONDENT/S:

¶14

1 PRINCIPAL SECRETARY TO GOVERNMENTREVENUE DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.

¶15

2 THE DISTRICT COLLECTOR, THRISSUR-680001.

¶16

3 THE ADDITIONAL TAHSILDAR, CHAVAKKAD-680506.

¶17

4 THE VILLAGE OFFICER, GURUVAYOOR-680506.

¶18

5 THE VILLAGE OFFICER, GURUVAYOOR-680101.

¶19

6 O.P.UNNIKRISHNAN S/O.NARAYANIKUTTY AMMA,PADINJAREPATTU HOUSE,MALA AMSOM DESOM,PATTITHARA VILLAGE,OTTAPPALAM TALUK,PIN-680732.

¶20

7 THE SUPERINTENDENT OF SURVEY AND LAND RECORDS THRISSUR-680001.

¶21

BY ADVS.

¶22

GOVERNMENT PLEADER SRI.RAJIT

¶23

OTHER PRESENT:

¶24

SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1 TO R4 AND R6, SRI.RAJIT FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

ALEXANDER THOMAS, J.

¶26

==================

¶27

W.P.(C).No. 29059 of 2013

¶28

==================

¶29

Dated this the 12^th day of December, 2018 J U D G M E N T

¶30

The prayers in this Writ Petition (Civil) are as follows:

¶31

“i) issue a Writ of Certiorari or any other appropriate writ, order or direction to quash Ext.P-11 order of the 6^th respondent after calling for the records leading to its issuance.

¶32

ii) issue a Writ of Mandamus or any other appropriate writ, order or direction to the 6^th respondent to inspect the property with the help of 3^rd respondent and to consider Ext.P-9 appeal on merit forthwith after hearing the petitioner;

¶33

iii) issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

¶34

Heard Sri.C.A.Chacko, learned counsel appearing of the

¶35

petitioner, Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader

¶36

appearing for R-1 to R-4 & R-6 and Rajit, learned counsel appearing for contesting respondent No.5.

¶37

Now it is submitted by the parties concerned that pursuant to the directions issued by this Court referring the matter for resolution by the mediation centre, the petitioner and the 5^th respondent as well as official respondent No.3 (Addl. Tahsildar) had participated in the said mediation process and now a mediation settlement agreement dated 3.12.2018 has been entered into between

¶38

the petitioner and contesting respondent No.5, whereby they have agreed to resolve the disputes as indicated in the agreed terms and

¶39

conditions of the said mediation agreement. The Ernakulam

¶40

W.P.(C).29059/13 - : 3 :-

¶41

Mediation Centre has now submitted report dated 5.12.2018 stating that matter has been mediated and settled and the memorandum of mediation settlement agreement dated 3.12.2018 has also made available for the perusal of the court. The said mediation agreement dated 3.12.2018, reads as follows:

¶42

“BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM

¶43

W.P. (C) No. 29059/2013

¶44

Petitioner : Govind Annex Owners Association Vs. Respondent : Principal Secretary to Government and Others

¶45

MEMORANDUM OF AGREEMENT UNDER S.89 OF THE CODE OF CIVIL PROCEDURE

¶46

READ WITH RULES 24 AND 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION) RULES, 2008

¶47

The matter settled on the following terms between the Petitioner Association and the respondent No.5.

¶48

1. Both parties agreed to measure the entire properties of Govind Annexe, Govind Regency, Govind Residency and Govind Suite, on the basis of their respective title deeds to fix the boundaries of Govind Annex.

¶49

2. Both parties shall produce the title deeds and other records before the 3^rd respondent (Tahasildar, Chavakkadu), who attended the mediation on 26/11/2018.

¶50

3. Both parties shall submit all the relevant records with appropriate application before 3^rd respondent for measuring the entire properties within two weeks from today.

¶51

4. Both parties shall take effort to effect measurement and to cooperate with the measurement as and when required by the 3^rd respondent or other revenue officials.

¶52

So it is most respectfully prayed that this Hon'ble Court may be pleased to dispose of the above W.P. (C) in terms of settlement reached,

¶53

W.P.(C).29059/13 - : 4 :-

¶54

as reflected above, in the interest of Justice.

¶55

Dated this the 3^rd day of December, 2018.

¶56

Petitioner 5^th Respondent Sd/Sd/Govind Annex Association O.P. Unnikrishnan SECRETARY IN CHARGE

¶57

C.A. Chacko Rajit (k/1/27/93). Sd/- Sd/Counsel for the petitioner Counsel for the 5^th respondent

¶58

Kerala State Mediation and

¶59

Conciliation Centre High Court of Kerala Kochi - 682 031.”

¶60

It is submitted by Sri.C.A.Chacko, learned counsel

¶61

appearing for the petitioner and Sri.Rajit, learned counsel appearing for the contesting respondent No.5 that this Court may record the abovesaid mediation settlement and may direct that the issues and disputes raised in this W.P.(C). will be regulated by the terms and conditions of the abovesaid mediation agreement and the competent authority among the respondents, more particularly 3^rd respondent, will take steps to comply with the said agreed terms and conditions so as to effectuate the settlement. Hence it is so ordered. Accordingly, it is ordered that it is for the parties to produce title deeds and other

¶62

records before the 3^rd respondent Addl. Tahsildar who will thereupon ensure that steps are taken to conduct survey, measurement and demarcation of the boundaries of the property in question with the

¶63

W.P.(C).29059/13 - : 5 :-

¶64

aid and assistance of the taluk surveyor/competent surveyor concerned with due prior notice to the petitioner, R-5 and any other neighbouring property owner concerned. The surveyor will give report on the final outcome of the process his survey, measurement and demarcation of the properties as directed above, along with survey sketch. The copies of the report of the surveyor along with copies of the survey sketch should be given to the petitioner and the 5^th respondent. Thereafter the petitioner and R-5 may submit their written submissions before R-3 Tahsildar, who after affording reasonable opportunity of being heard to the petitioner and R-5, will finalise the matter in accordance with the provisions contained in the Kerala Survey & Boundaries Act, 1961 and the rules framed thereunder. The entire process in this regard should be completed by the 3^rd respondent Tahsildar and the surveyor concerned, without much delay, preferably within a period of 3 months from the date of production of a certified copy of this judgment.

¶65

With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.

¶66

Sd/- ALEXANDER THOMAS, JUDGE

¶67

sdk+

¶68

W.P.(C).29059/13 - : 6 :-

¶69

APPENDIX

¶70

PETITIONER'S/S EXHIBITS:

¶71

EXHIBIT P1	EXT.P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 14/8/2012 ISSUED BY 4TH RESPONDENT
EXHIBIT P2	EXT.P2 TRUE COPY OF APPLICATION DATED 4/1/2012 BEFORE THE 3RD RESPONDENT.
EXHIBIT P3	EXT.P3 TRUE COPY OF NOTICE DATED 28/3/12 ISSUED BY TALUK SURVEYOR,CHAVAKKAD.
EXHIBIT P4	EXT.P4 TRUE COPY OF COMMUNICATION DATED 7/5/12 ISSUED BY 2ND RESPONDENT
EXHIBIT P5	EXT.P5 TRUE COPY OF THE COMMUNICATION DATED 19/5/12 OF THE IST RESPONDENT
EXHIBIT P6	EXT.P6 TRUE COPY OF RECEIPT ISSUED FROM THE OFFICE OF 3RD RESPONDENT DATED 21/5/12
EXHIBIT P7	EXT.P7 TRUE COPY OF JUDGMENT DATED 27/6/12 IN WP(C)14949/12 THIS HON'BLE COURT.
EXHIBIT P8	EXT.P8 TRUE COPY OF ORDER DATED 16/8/2012 OF 3RD RESPONDENT.
EXHIBIT P9	EXT.P9 TRUE COPY OF APPEAL DATED 3/10/12 FILED BEFORE 6TH RESPONDENT
EXHIBIT P10	EXT.P10 TRUE COPY OF JUDGMENT DATED 8/4/2013 IN WP(C)5095/13
EXHIBIT P11	EXT.P11 TRUE COPY ORDER DATED 19/6/2013 OF 6TH RESPONDENT
EXHIBIT P12	EXT.P12 TRUE COPY OF PLAN APPROVED BY GURUVAYOOR MUNICIPALITY.
Respondents'
Exhibits
R5A	COPY OF THE SALE DEED DTD.28.6.04.
R6B	COPY OF THE SALE DEED DTD.28.3.2005.
R3A	COPY OF THE ORDER OR DISMISSAL OF LRB 1-3204/12 DTD.19.6.13.

¶72

W.P.(C).29059/13 - : 7 :-

Govind Annex Owners' Association v. Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

Govind Annex Owners' Association v. Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Hamsa Vs the Tahsildar

Nalakathu Paduvingal Muhammed, Vs Union of India

Emmanuel Thomas Vs State of Kerala

Vijayakumar Vs State

G.Sreekumar Vs State of Kerala

Ramakrishna Gupthan Vs Revenue Divisional Officer