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Judgment
Gopinath P, J
The petitioner had approached this Court being aggrieved by the fact that though certain extent of property belonging to the petitioner had been acquired for the Pazhassi Irrigation Project, the Irrigation Department had constructed a canal on a portion of the land, which was not acquired from the petitioner, causing serious prejudice to the petitioner.
When this matter came up on 24.01.2023, I passed the following order:-
“The petitioner has approached this Court with a grievance that, though about 8 cents of property was acquired from the land belonging to the petitioner for construction of a canal in connection with Pazhassi Irrigation Project, a portion of the canal was built through unacquired land resulting in a situation where the petitioner has lost ownership over the land through which the canal is passing as also the land which has been acquired as per the records. It is submitted that, on account of the above, the petitioner is not able to enjoy his property to the full extent. It is submitted that Exts.P5 and P6 reports of respondents 4 and 6 show that the grievance raised by the petitioner is substantially correct.
The learned Senior Government Pleader would submit that, if the factual situation is actually in the manner now projected by the petitioner, a suitable methodology will have to be evolved to ensure that the petitioner is in a position to enjoy the lands excluding the land through which the irrigation canal is now passing. It is suggested that a mediation can be attempted to solve the grievances of the petitioner. Since it would be more convenient for the parties to attempt mediation at the Mediation Centre attached to the District Court, Kannur, it is directed that the petitioner and respondents 3, 4, 6 and 7 shall mark appearance before the Nodal Officer, Mediation Centre, District Court, Kannur at 11 A.M. on 3.2.2023 and attempt to solve the issues through mediation. The registry shall communicate a copy of this order to the Nodal Officer, District Mediation Centre, District Court, Kannur, for information.
List after six weeks.”
The learned counsel appearing for the petitioner submits that following mediation, the matter has been settled between the petitioner and the respondents and the writ petition may be disposed of in terms of the settlement arrived at by the parties at the mediation.
The District Mediation Centre, District Court Complex, Thalassery has placed a report of mediation including the memorandum of settlement executed under Section 89 of the Code of Civil Procedure r/w Rule 24 of the Civil Procedure (Alternative Dispute Resolution) Rules, 2008. The terms of the settlement are recorded and the writ petition is disposed of in terms of the settlement.