The Special Tahsildar(La) v. J.D.Parthasarathy (Died)
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November, 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE C. SARAVANAN and Members Mr.G.Dharmaraj, [District Judge (Rtd.)] Mr.R.Singaravelan [Senior Counsel] [Appeal Suit is filed against the Judgment and Decree passed on 25.01.2008 in L.A.O.P.No.850 of 2007 on the file of the Court of Subordinate Judge, Kancheepuram.] The Special Tahsildar (LA), SIPCOT, Unit - IV, Irungattukottai Schemes / Sriperumbudur Schemes, Irungattukottai, Sriperumbudur Taluk, Kancheepuram District.
... Appellant Vs.
1.J.D.Parthasarathy (deceased) 2.The Chairman and Managing Director, SIPCOT, 19A, Rukmani Lakshmipathy Road, Egmore, Chennai - 08.
3.Mrs.P.Jayanthi 4.Mr.Gopalakrishnan ..Respondents Page No 1 of 6
(R3 & R4 are impleaded) This case came up for settlement before the Lok Adalat. The appellant, M/s.A.Parimaladevi, Special Deputy Collector, SIPCOT on behalf of the second respondent and Mrs.P.Jayanthi, wife of the first respondent are present. The learned Special Government Pleader for the appellant Mr.T.Chandrasekaran and the learned counsel for the second respondent Mr.Ramesh Venkatachalapathy are also present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT The Sub Court, Kancheepuram has awarded a sum of Rs.5,300/- per cent together with 30% solatium for the land of the deceased first respondent / claimant. The Sub Court has also directed the appellant to pay interest at 9% for the first year from the date of taking possession and at 15% per annum for the subsequent years till the date of deposit, to the deceased first respondent / claimant.
2. Not satisfied with the award of the Sub Court, Kancheepuram, the Special Tahsildar (LA), SIPCOT has preferred the present appeal. It appears that first respondent / claimant died on 19.08.2013 leaving behind back his legal heirs Mrs.P.Jayanthi (Wife) and Mr.Gopalakrishan (Son). Death Certificate of the deceased first respondent / claimant and Legal Heir Certificate have been produced. Mrs.P.Jayanthi, wife of the deceased first respondent / claimant is present. A memo dated 12.11.2022 has also been presented by the said Mrs.P.Jayanthi. The appellant who has filed the present Appeal has expressed that there are no objections for implement of Mrs.P.Jayanthi (Wife) and Mr.Gopalakrishan (Son) as the third and fourth respondents before this Page No 2 of 6
National Lok Adalat by filing a memo by the said Mrs.P.Jayanthi (Wife) representing herself and her son. The appellant has further contended that they are interested only in settlement of the dispute before this Lok Adalat. Both memo field by Mrs.P.Jayanthi (Wife) and their no objection stand recorded. Thus, Mrs.P.Jayanthi (Wife) and Mr.Gopalakrishan (Son) are impleaded as the third and fourth respondents.
3. The third respondent Mrs.P.Jayanthi, wife of the deceased first respondent / claimant submits that their son Mr.Gopalakrishnan is in Singapore and has filed a copy of the Aadhar Card of her son along with a letter giving consent to her to receive the compensation on his behalf also. The same is taken on file and stands recorded.
4. Now, both the appellant and third respondent Mrs.P.Jayanthi, the wife of the deceased first respondent / claimant have agreed to settle the dispute on payment of Rs.4,000/- per cent with other statuary benefits, within a period of two months from the date of receipt of a copy of this order.
5. The appellant has agreed to draw a cheque / pay order towards compensation for an amount of Rs.4,000/- per cent together with other statutory benefits as agreed between the parties, in favour of the third respondent, within a period of two months from the date of receipt of a copy of this order and undertakes to hand over the same to the Secretary, High Court Legal Services Committee, within a period of two weeks thereafter. On receipt of the same, the Secretary, High Court Legal Services Committee, will intimate Page No 3 of 6
about the same to the third respondent to hand over the cheque / pay order. The Appeal Suit is disposed of accordingly. Consequently, connected Miscellaneous Petitions are closed, if any.
The Special Tahsildar (LA), Counsel for the Appellant SIPCOT, Unit - IV, Irungattukottai Schemes / Sriperumbudur Schemes, Irungattukottai, Sriperumbudur Taluk, Kancheepuram District.
Mrs.P.Jayanthi 2.The Chairman and Managing Director, SIPCOT, 19A, Rukmani Lakshmipathy Road, Egmore, Chennai - 08.
Counsel for the 2nd respondent This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Page No 4 of 6
Member Member To:The parties/Advocate concerned Copy to:
1.The Sub Court, Kancheepuram.
2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras. jen Note:- Registry is directed to carry out the necessary corrections in the cause title.
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C.SARAVANAN, J.
jen 12.11.2022 Page No 6 of 6