M.Anandhan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE B. RAJENDRAN Writ Petition No. 13932 of 2015 M. Anandhan ... Petitioner

Versus

1. The Tahsildar Vikkaravandi Villupuram District

2. The Sub-Registrar O/o. Kandamangalam Sub-Registration Kandamangalam, Villupuram District

3. The Inspector of Police Kandamangalam Police Station Villupuram

4. Mr. Jayaraman

5. Mrs. Thenambigai

6. Mr. J. Magendra Varman

7. Mr. J. Gunasekaran ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider and pass orders on the representation made by the petitioner on 16.03.2015 relating to stoppage of registration of documents to issue patta in respect of the lands situated at Vazhudavur Village, Villupuram District, comprised in Survey Nos. 34/2, 36/4, 36/5, 36/1, 36/3, 36/2A and 36/2B which are pertained to Sale Agreement dated 16.05.2013 within the time to be stipulated by this Court. For Petitioner :

Mr. R. Chandrasekaran For Respondent :

Mr. R.A.S. Senthilvel Additional Government Pleader for RR1 to 3 Mr. V. Ramesh for RR4 to 7

ORDER

This Writ Petition was referred to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras to explore the possibility of a settlement of the dispute between the parties. 2.

A communication dated 27.01.2016 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 11.01.2016 has been received, wherein it is stated as follows:- "Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence the matter is sent back to the Hon'ble Court."

3.

As per the Mediation report dated 11.01.2016, the matter has been amicably settled between the petitioner and the respondents and the terms of settlement has been duly recorded in the Mediation agreement dated 11.01.2016, which reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:- 1.

The Petitioner agreed to take the land equivalent to worth about Rs.65,35,000/- (Rupees Sixty Five Lakhs and Thirty Five Thousand Only) 2.

Among the entire land measuring 4 Acre 23 cents, only land measuring or equivalent to Rs.65,35,000/- to be retained by the petitioner and the remaining land worth about Rs.99,49,000/- to be taken by the land lord/4th to 7th respondents. 3.

Both parties agreed to settle the matter by putting their signatures in the settlement deed or any document without missing any party to the document (i.e., all the legal heirs of the respondents).

4.

For reconversion of the developed plots into agriculture land, the petitioner agreed to pay Rs.1.50 lakhs to the 4th to 7th respondents.

5.

Plot Nos. 13, 19, 20, 71 and 102 now situated in the area earmarked to the landlord will be shifted to the land earmarked to the petitioner/Agreement holder. For which the landlord agree to sign the documents."

4.

The Mediation agreement has been duly signed by the petitioner, respondents 4 to 7 and their respective counsel. Having regard to the fact that the petitioner as well as the respondents 4 to 7 have settled their dispute amicably, in terms of the settlement arrived at between them, which is recorded under the Mediation Agreement by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras in its

Report dated 11.01.2016, this Writ Petition is disposed of. The Mediation Agreement and the report of the Mediation Centre shall form part of this order.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rsh To

1. The Tahsildar Vikkaravandi Villupuram District

2. The Sub-Registrar O/o. Kandamangalam Sub-Registration Kandamangalam, Villupuram District

3. The Inspector of Police Kandamangalam Police Station Villupuram +1cc to Mr.V.Ramesh, Advocate, S.R.No.5454 W.P No. 13932 of 2015 RV(CO) CA(15/02/2016)