Philips Thomas Vs. State of Kerala

Philips Thomas vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 02, 2013

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https://sooperkanoon.com/case/1011025

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Citation: sooperkanoon.com/1011025
Court: Kerala High Court
Judge: Honourable Mr.Justice V.Chitambaresh
Decided On: Jan 02, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Philips Thomas

Respondent

State of Kerala

Excerpt

.....1. state of kerala represented by public prosecutor, high court of kerala, ernakulam. * addl.r2 :- jose sebastian impleaded *addl.r2. jose sebastain, s/o sebastain vargheese,aged 4 years, r/a 5h, chakolas water scapes, thevara, kochi ”013. addl.r2 is impleaded vide order dated 16 10/12 in crl.ma 6424/12 in ba 7086/12 addl r2 by adv. sri.s.sreekumar (sr.) by adv. sri.m.a.mohammed siraj by adv. sri.p.prijith these references in bail application having come up for determination on 23-11-2012 along with hclsc(la)no.877/2012 in ba.no. 7299/2012, the adalt on the same day passed the following: mjl the hon'ble mr.justice p.krishnamoorthy (retd.judge) & sri.p.g.thampi (sr.advocate) ---------------------------------------------- hclsc(la)nos.876 &877 of 2012 -------------------------------------- dated this 23rd day of november, 2012 award by order dated 19th november, 2012, the hon'ble high court referred the parties for mediation regarding the disputes between them. on mediation, parties have come to an agreement and settled their dispute by executing an agreement dated 12th october 2012.2. sri.jose sebastian has also filed petition before the adalat for settling the dispute between the parties in terms of the above agreement.3. in view of the above, we pass an award settling the dispute between the parties as agreed to between the parties, as per the agreement dated 12th october,2012. we pass a further award to the effect, that if the cheque hclsc(la)nos.876 &877 o”2. is dishonoured or otherwise the party is unable to realise the amount under the cheque, he will be free to execute this award through the process of the court. agreement dated 12th october 2012 shall form part of the award. there will be an award to the above effect as against respondents 1-3. hclsc (la)nos.876 & 877 of 2012. sd/-p.krishnamoorthy (retd.judge) sd/-p.g.thampi (sr.advocate) /true copy/ p a to judge mjl

Full Judgment

BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.KRISHNAMOORTHY(RETD.JUDGE) & SRI.P.G.THAMPI (SR.ADVOCATE) FRIDAY, THE 23RD DAY OF NOVEMBER 2012 2ND AGRAHAYANA 193 HCLSC(LA)No.876 of 2012 ---------------------------------- PETITIONER/ACCUSED NO.2: ----------------------------------------- MR.PHILIPS THOMAS, AGED 4 YEARS, S/O.C.P.THOMAS,MANAGING DIRECTOR M/S PENVER PRODUCTS PVT.LTD, RESIDING AT 1.B, IVORY HEIGHT,MATHER PROJECTS, PARAMBITHARA CROSS ROAD,PANAMBILLY NAGAR, ERNAKULAM PIN-682 036. BY ADVS.SRI.M.K.DAMODARAN (SR.) SRI.J.VIMAL RESPONDENT/COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL.R2 :- JOSE SEBASTIAN IMPLEADED *ADDL.R2. JOSE SEBASTAIN, S/O SEBASTAIN VARGHEESE,AGED 4 YEARS, R/A 5H, CHAKOLAS WATER SCAPES, THEVARA, KOCHI ”

013. ADDL.R2 IS IMPLEADED VIDE ORDER DATED 16 10/12 IN CRL.MA 6424/12 IN BA 7086/12 ADDL R2 BY ADV. SRI.S.SREEKUMAR (SR.) BY ADV. SRI.M.A.MOHAMMED SIRAJ BY ADV. SRI.P.PRIJITH THESE REFERENCES IN BAIL APPLICATION HAVING COME UP FOR DETERMINATION ON 23-11-2012 ALONG WITH HCLSC(LA)NO.877/2012 IN BA.NO. 7299/2012, THE ADALT ON THE SAME DAY PASSED THE FOLLOWING: MJL THE HON'BLE MR.JUSTICE P.KRISHNAMOORTHY (RETD.JUDGE) & SRI.P.G.THAMPI (SR.ADVOCATE) ---------------------------------------------- HCLSC(LA)Nos.876 &877 of 2012 -------------------------------------- Dated this 23rd day of November, 2012 AWARD By order dated 19th November, 2012, The Hon'ble High Court referred the parties for mediation regarding the disputes between them. On mediation, parties have come to an agreement and settled their dispute by executing an agreement dated 12th October 2012.

2. Sri.Jose Sebastian has also filed petition before the Adalat for settling the dispute between the parties in terms of the above agreement.

3. In view of the above, we pass an award settling the dispute between the parties as agreed to between the parties, as per the agreement dated 12th October,2012. We pass a further award to the effect, that if the cheque HCLSC(LA)Nos.876 &877 o”

2. is dishonoured or otherwise the party is unable to realise the amount under the cheque, he will be free to execute this award through the process of the court. Agreement dated 12th October 2012 shall form part of the award. There will be an award to the above effect as against respondents 1-3. HCLSC (LA)Nos.876 & 877 of 2012. Sd/-P.KRISHNAMOORTHY (RETD.JUDGE) Sd/-P.G.THAMPI (SR.ADVOCATE) /TRUE COPY/ P A TO JUDGE MJL

Same Court & Year Kerala · 2013 Same Parties Philips Thomas vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice V.Chitambaresh