C.Chinnadurai Nadar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.No.4331 of 2010 and M.P.Nos. 1 and 2 of 2010 C.Chinnadurai Nadar ... Petitioner Vs.

1. The Tahsildar, Mambalam - Guindy Taluk, Chennai - 78.

2. Vijayalakshmi ... Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records in B3/3523/10, dated Nil on the file of the first respondent and quash the same as illegal. For Petitioners : M/s.S.Packiaraj For Respondent No.1 : M/s.M.Rajendran Additional Government Pleader For Respondent No.2 : M/s.K.Thiruvalluvan

O R D E R

The present Writ Petition has been filed for the issuance of a Writ of Certiorari, to call for the records in B3/3523/10, dated Nil on the file of the first respondent and quash the same as illegal.

2. By consent of both the parties, this Court has referred the matter to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, for amicable settlement, by its order dated 23.03.2022.

3. Pursuant to the negotiations, the parties have arrived at mutual agreeable settlement and a report was sent by the Tamil Nadu Mediation and Conciliation Centre in Mediation Case No.162/2022 dated 27.04.2022, attaching a Joint Memo of Compromise, dated 27.04.2022.

4. When the matter is taken up for hearing today, both the learned counsel have appeared before this Court and affirmed that they have settled their dispute in terms of the Joint Memo of Compromise. The said Joint Memo of Compromise reads as under:- "It is submitted that the second respondent obtained an award of Rs.2,73,595/- under the workman compensation Act in W.C.413/2004 against the petitioner. The petitioner challenged the award before the Hon'ble High Court in W.P.No.4331/2010. At the time of the final hearing, both the writ petitioner and the contesting 2nd respondent agreed to settle the issue before the mediation and this Hon'ble Court referred the same before the mediation.

During the final hearing, both the writ petitioner and the contesting 2nd respondent agreed to settle before mediation and submitted to refer the writ petition before the mediator. In the mediation, the 2nd respondent agreed to receive the W.C.413/2004 case award compensation of Rs.2,50,000/- (Rupees Two lakhs fifty thousand) as against the award amount of Rs.2,73,595/-. The petitioner agreed to pay Rs.2,50,000/- to the 2nd respondent in one lump sum payment.

Accordingly, the writ petitioner obtained a DD from TMB, T.Nagar branch for Rs.2,50,000/- vide No.518727 dated 25.04.2022 and handover the same to the contesting 2nd respondent Mrs.Vijayalakshmi. She received the same and signed this memo for her acknowledgment.

It is therefore prayed that this Hon'ble Court pleased to pass an order in terms of mediation report for the full and final settlement of the award of the W.C.No.413/2004 and also the receipt of Rs.2,50,000/- and thus render justice."

5.The Joint Memo of Compromise dated 27.04.2022 is taken on record and the same shall form part of the order. The Writ Petition is ordered in terms of the Joint Memo of Compromise. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

(*)The Xerox Copy of the Joint Memo of Compromise enclosed SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR asi To The Tahsildar, Mambalam - Guindy Taluk, Chennai - 78.

W.P.No.4331 of 2010 and M.P.Nos. 1 and 2 of 2010 sr[co] srg 10/06/2022