D.Vasanthakumar v. The District Legal Service Authority,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2026
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 13140 of 2026 & WMP.No.14399 of 2026 D.Vasanthakumar Petitioner(s) Vs
1. The District Legal Service Authority, Tiruvallur.
2.D.Parangusam Respondent(s) PRAYER: Petition filed under Article 226 of Constitution of India, calling for the records relating to the Lok Adalat Award dated 11.08.2022 passed in O.S.No.123 of 2021 on the file of the District Munsif Court, Thiruvallur, and quash the same as illegal, arbitrary and not based on free and voluntary consent of the petitioner and consequently direct the 2nd respondent not to interfere with the petitioners peaceful possession and enjoyment of his property situated in Survey No.521/2 at Ikkadu Village, Thiruvallur Taluk and District. For Petitioner:
Ms.D.Jeevitha For Respondent:
Mr.T.M.Rajangam for R1 Government Advocate
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Since no order is passed against the private respondent, notice to the private respondent is dispensed with.
2. This writ petition has been filed challenging the Lok Adalat Award dated 11.08.2022 passed in O.S.No.123 of 2021 on the file of the District Munsif Court, Thiruvallur, and quash the same as illegal, arbitrary and not based on free and voluntary consent of the petitioner and consequently direct the 2nd respondent not to interfere with the petitioners peaceful possession and
enjoyment of his property situated in Survey No.521/2 at Ikkadu Village, Thiruvallur Taluk and District.
3. It is the case of the petitioner that the second respondent raised dispute alleging that the petitioner has encroached upon the common pathway by putting up a compound wall, thereafter, the petitioner filed a suit in O.S.No.123 of 2021 on the file of District Munsif Court, Tiruvallur seeking permanent injunction against the second respondent. The Trial Court referred the matter to Lak Adalat to amicable settlement. The petitioner acting on the advise of his counsel and under the bonafide belief that the dispute would be amicably resolved in his favour, signed certain compromise papers without fully understanding the contents or implications. The Lok Adalat passed an award on 11.08.2021 recording the compromise and directing demolition of the petitioner's compound wall which according to the petitioner is not voluntarily agreed. The second respondent filed EP.No.12 of 2025 seeking enforcement. Challenging the Lok Adalat award, the present writ petition has been filed.
4. Heard the learned counsel for the petitioner and the learned Government Advocate and perused the materials placed on record.
5. At the outset, it is apposite to take into consideration of the relevant provisions of the Legal Services Authority Act, 1987. Section 20 of the Act
empowers Lok Adalat to pass an award. Section 21 of the Act gives the award of a Lok Adalat, the status of a Court Decree. Section 22-E provides that every award passed in Lok Adalat under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto and on persons claiming under them and such an award shall be deemed to be a decree of the Civil Court and sub-section 4 of Section 22-E also prescribes that every award made by the Lok Adalat under this Act shall be made final and shall not be called in question in any original suit application or execution proceedings.
6. Section 22-E of the Legal Services Authorities Act, 1987 reads as follows:- " 22E. Award of Permanent Lok Adalat to be final.-(1) Every award of the Permanent Lok Adalat under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto and on persons claiming under them.
(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a civil court.
(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons constituting the Permanent Lok Adalat.
(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.
(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.]
7. The bone of contention of the petitioner is that he was misled into signing the document. Admittedly, the petitioner does not dispute that he had
signed the terms of compromise, dated 11.08.2022, on the basis of which the impugned award, dated 11.08.2022 was passed. The petitioner also does not dispute his signature, on the impugned award, dated 11.08.2022. It is relevant to note that the petitioner, was aware of the terms of the award, as he had signed the award, in 2022 itself. Even if his contention, that he was unaware of the terms of the award, is to be accepted, he was definitely aware of the terms of the award, when he received notice of E.P.No.12 of 2025. Yet he chose to challenge, the award, only in the year 2026 vide the instant writ petition. Thus, this conduct of the petitioner clearly shows that the petitioner has not come to this Court immediately even after receiving the notice in the execution proceedings being filed by the second respondent. Therefore, the present writ petition is clearly hit by laches and requires to be dismissed on this ground.
8. At the risk of repetition, it is relevant to point out that Section 22-E provides that every award passed in Lok Adalat under this Act made either on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto, now, after four years of passing of award, it is not open for the petitioner to plead ignorance and allege fraud or malafides on the part of the second respondent, that too after filing Execution Petition for enforcing the Lok Adalat Award.
9. Accordingly, I do not find any merits in this petition and this writ
petition stands dismissed. No costs. Consequently, connected miscellaneous petition stands closed.
08-04-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes
To The District Legal Service Authority, Tiruvallur.
M.DHANDAPANI J.
dhk
08-04-2026