R. Aravindhan v. The Chairman And Managing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2022
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP.No.2459 of 2015 and MP.Nos.1 & 2 of 2015 R.Aravindhan .. Petitioner - Vs -
1. The Chairman and Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.
2. R.Vasantha
3. A.Ramabadhiran .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned allotment vide proceedings No.31331/94/G3 dated 30.11.1994 issued by the first respondent in favour of the second respondent and quash the same and consequently direct the first respondent to cancel the sale deed vide document No.162 of 2002 dated 30.01.2012 in the SRO, Perimet Stands in the names of the second respondent. For Petitioner : Mr. B.Gurumurthy For R1 : M/s. D.Latha For R2 & R3 : M/s.I.Abrar Md.Abdullah Special Government Pleader
ORDER
Challenging the allotment order dated 30.11.1994 issued by the first respondent in favour of the second respondent and consequential directing to the first respondent to cancel the sale deed dated 30.01.2012 registered as Document No.162 of 2002 on the file of the SRO, Perimet in the name of the second respondent, the present writ petition came to be filed by the petitioner.
2.When the matter was taken up for consideration, the learned counsel appearing on either side, submitted that by order dated 16.09.2021, this Court referred the matter to the Tamil Nadu Mediation and Conciliation Centre attached to this court, for arriving at an amicable settlement. Accordingly, the matter was taken up for settlement on 06.12.2021, on which date, both the parties appeared and entered into a mediation agreement. Therefore, they have prayed to dispose of the writ petition in terms of the said mediation agreement. A report dated 06.12.2021 sent by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras enclosing the mediation agreement signed by both the parties along with their respective counsels, has also been filed before this court. 3.This Court perused the Mediation Report dated 06.12.
2021 appending mediation agreement entered into between the parties, the relevant portion of which, reads as follows: ''(i) The respondents 2 & 3 have paid a total sum of Rs.8,00,000/- (Rupees Eight lakhs only) in the form of cash to the petitioner R.Aravindan and having received the same, the petitioner R.Aravindan agreed to withdraw the above W.P.No.2549 of 2015 before Hon'ble High Court Madras and the respondents 2 & 3 agreed to withdraw the suit in O.S.No.4776 of 2014 on the file of III Assistant City Civil Court, Chennai. (ii) The petitioner and the respondents 2 & 3 voluntarily agreed to withdraw all pending cases pending before any forum, tribunal or courts and will not make any claim against each other in future.
(iii) The Petitioner has voluntarily agreed to forgo and not to claim or demand any settlement from the respondents 2 & 3 for the past, present and future either by way of cash, or immovable property or by any means and any mode.
(iv) The petitioner R.Aravindan voluntarily agrees to not to interfere or disturb the peaceful possession and enjoyment of the suit property in O.S.No.4776 of 2014 situated at No.10/19, 5th street, T.P.Chathiram, Kilpauk, Chennai - 10 in any point of time in future.
(v) Based on the above acceptance made by petitioner, the respondents 2 & 3 will withdraw the suit pending before III Assistant City Civil Court, Chennai and they will not make any claim against petitioner in future on any ground.
(vi) The petitioner and the respondents 2 & 3 voluntarily agreed and shall not initiate any legal action against each others on any ground in future. (vii) By signing this Agreement both the parties hereto state that they have no further claims or demands against each other with respect to the
W.P.No.2549 of 2015 on the file of the High Court of Judicature at Madras and in respect of any other property in future and also in suit O.S.No.4776 of 2014 pending on the file of the III Assistant City Civil Court, Chennai. Further all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Mediation/Conciliation."
4.
Recording the above, this writ petition stands disposed of, in terms of the mediation agreement. The Mediation Report enclosing the mediation agreement dated 06.12.2021 shall form part of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.
*Xerox copy of the Mediation Agreement dated 06/12/2021 is enclosed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar av To The Chairman and Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005.
+1cc to M/s.D.Latha, Advocate, S.R.No.1532 WP.No.2459 of 2015 and MP.Nos.1 & 2 of 2015 GPL(CO) CB(02/02/2022)