BY AD vs AYYAPPAN SANKAR

2021 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 4 A ND 5: 1 2 M/S. RAJAN PILLAI FOUNDATION NNC ESTATE, VADAKKEVILA.P.O, KOLLAM-691010, REPRESENTED BY ITS EXECUTIVE DIRECTOR. THE EXECUTIVE DIRECTOR, M/S. RAJAN PILLAI FOUNDATION, NNC ESTATE, VADAKKEVILA.P.O, KOLLAM-691010. BY ADVS. AYYAPPAN SANKAR JAYAN JOHN S.HRIDYA RESPONDENTS/RESPONDENTS 1 TO 3 AND WRIT PETITIONERS: 1 2 3 CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695033. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDINGS, PALAYAM, THIRUVANANTHAPURAM-695033. THE HEALTH INSPECTOR, CORPORATION OF THIRUVANANTHAPURAM, SECRETARIAT, CIRCLE, THIRUVANANTHAPURAM-695001. WA NOS. 152/2022 & 734/2024 2 4 5 RADHAKRISHNAN, S/O NARAYANAN, PUTHENVEEDU, KAVANADU.P.O, KOLLAM-691003, PRESENTLY RESIDING AT 'AVANI', RRA-E-74, RISHIMANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM-695035. SUBIN.R. AGED 42 YEARS S/O. RADHAKRISHNAN, 'AVANI', RRA-E-74, RISHIMANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM-695035. BY ADVS. N.NANDAKUMARA MENON (SR.) D.KISHORE SHRI.P.K.MANOJKUMAR, MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) OTHER PRESENT: ADV.SUMAN CHAKRAVARTHY SC; MR.TEKCHAND, SR.GP THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025 ALONG WITH W.A.NO.734 OF 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NOS. 152/2022 & 734/2024 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WA NO. 734 OF 2024 AGAINST THE JUDGMENT DATED 21.05.2024 IN WP(C) NO.6766 OF 2024 OF HIGH COURT OF KERALA APPELLANT/PETITIONER IN WPC: RADHAKRISHNAN P. N AGED 83 YEARS S/O. NARAYANAN, PUTHENVEEDU, KAVANADU P.O.,KOLLAM- 691 003, PRESENTLY RESIDING AT ‘AVANI’ ,RRA-E-74, RISHIMANGALAM, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) RESPONDENTS/RESPONDENTS IN WPC: 1 2 3 4 THE KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004 THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SUB DIVISION, PUTHENCHANTHA, THIRUVANATHAPURAM, PIN - 695001 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SUB DIVISION, PUTHENCHANTHA, THIRUVANATHAPURAM, PIN - 695001 RAJAN PILLAI FOUNDATION NNC ESTATE, VADAKKEVILA P.O, KOLLAM-REPRESENTED BY ITS WA NOS. 152/2022 & 734/2024 4 EXECUTIVE DIRECTOR, PIN - 691010 5 THE EXECUTIVE DIRECTOR RAJAN PILLAI FOUNDATION, NNC ESTATE, VADAKKEVILA P.O, KOLLAM, PIN - 691010 BY ADV RIJI RAJENDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025 ALONG WITH WA.NO.152 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NOS. 152/2022 & 734/2024 5 JUDGMENT (Dated this the 28th day of March 2025) NITIN JAMDAR, C.J. Heard Mr.Ayyappan Sankar, learned counsel for the Appellant, Mr.D.Kishore, learned counsel for Respondents 4 and 5, Adv.Sudheesh, representing Mr.Suman Chakravarthy, learned Standing Counsel for Respondents 1 and 2 and Mr.Tekchand, learned Senior Government Pleader in W.A.No.152 of 2022.

2. These two appeals are between the same private parties, with the Thiruvananthapuram Municipal Corporation and its officers as official Respondents. When W.A. No. 152 of 2022 came up for consideration on 7 March 2025, the dispute between the parties was referred for mediation.

3. The learned counsel for the parties inform that the dispute between them has been settled in mediation. The mediation report dated 25 March 2025 is placed on record. The learned counsel for the parties state that the memorandum of agreement between them, settling the dispute, is as follows: “Both parties have agreed to settle the dispute between them on the following terms :-

1. The 4th respondent Mr. Radhakrishnan and the 5th respondent Mr.Subin R who were in possession WA NOS. 152/2022 & 734/2024 6 of TC No.81/4099 as well as 81/4101/1 in Survey No.2842 of Vanchiyoor Village have already surrendered the vacant possession of the premises to appellants in WA No.152/2022 on 14/03/2025. Accordingly, the appellants are not pressing the above Writ Appeal and a Memo to that effect will be filed on or before 28/03/2025.

2. Writ Appeal No. 734/2024 has been filed by the 4th respondent Mr. Radhakrishnan against the KSEB as well as the Appellants in WA. No. 152/2022. The appellant therein agreed to withdraw the above Writ Appeal and a memo to that effect will be filed on or before 28/03/2025.

3. O.S No.1302/2021 filed by the 5th respondent Mr.Subin R in WA No.152/2022 is sought to be withdrawn and a memo to that effect is filed in the Suit along with the key of the premises has been submitted before the IInd Addl. Munsiff Court, Thiruvananthapuram on 14/03/2025.

4. OS No. 208/2024 filed by the appellants in WA No.152/2022 is agreed to be withdrawn by the appellants on or before 28/03/2025. The 4th respondent Mr. Radhakrishnan has already surrendered the key of the tenanted premises which is the subject matter of the Suit on 14/03/2025.

5. The 1st , 2nd and 3rd respondents being formal parties; hence not a signatory to this settlement agreement.

6. If either of the parties violate any of the conditions mentioned above the aggrieved party is free to approach the appropriate Court to get the agreement executed.” WA NOS. 152/2022 & 734/2024 7

5. Accordingly, both the appeals are disposed of. We make it clear that the agreement recorded above is only between the private parties and the agreement will not permit them to override any express provisions of law. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S.MANU JUDGE WA NOS. 152/2022 & 734/2024 8 APPENDIX OF WA 734/2024 PETITIONER EXHIBITS Exhibit P4 in W.P(C) ENGLISH TRANSLATION OF EXHIBIT P4 Exhibit P8 in W.P(C) ENGLISH TRANSLATION OF EXHIBIT P8 Exhibit P9 in W.P(C) ENGLISH TRANSLATION OF EXHIBIT P9 Exhibit P10 in W.P(C) ENGLISH TRANSLATION OF EXHIBIT P10 Exhibit P11 in W.P(C) ENGLISH TRANSLATION OF EXHIBIT P11 Exhibit P12 in W.P(C) ENGLISH TRANSLATION OF 2ND PAGE OF EXHIBIT P12 Exhibit R5(c) ENGLISH TRANSLATION OF EXHIBIT R5(C) Exhibit R5(d) ENGLISH TRANSLATION OF EXHIBIT R5 (D) Exhibit R5(e) ENGLISH TRANSLATION OF EXHIBIT R5(E)