S.Palanisamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.13263 of 2020 & W.P.No.15750 of 2021 and W.M.P.No.16388 of 2020 & W.M.P.No.16656 of 2021 S. Palanisamy ... Petitioner in W.P.No.13263 of 2020 K.SenniappaGounder ... Petitioner in W.P.No.15750 of 2021 Vs.
1.
The District Collector, Tirupur District - 641 664.
2.
The Revenue Divisional Officer, Tirupur District - 641 664.
3. The Sub-Registrar, Palladam, Tirupur District.
4.
Mr.K.SenniappaGounder ... Respondents in W.P.No.13263 of 2020
1. The District Collector, Tirupur District, Tirupur.
2.
The Revenue Divisional Officer, Tirupur District, Tirupur.
3.
S.Palanisamy ... Respondents in W.P.No.15750 of 2021 Prayer for W.P.No.13263 of 2020:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records of the order passed by the 2nd respondent in proceedings No.Mu.Mu.2284/2019/A3, dated 05.09.2020 and quash the same and consequently direct the respondents not to encumber and interfere in any way with the petitioner's peaceful possession of the scheduled property measuring about 2.33 acres of land in Survey No.472/2 in Naranapuram Village, Palladam Taluk, Tiruppur District.
Prayer for W.P.No.15750 of 2021:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 05.09.2020 in Mu.Mu.2284/2019/A3 passed by the 2nd respondent and quash the same and consequently direct the 2nd respondent to conduct the enquiry afresh based on the representation of the petitioner dated 19.06.2020.
For Petitioners : Mr.T.Ramanathan in both W.P's For Respondents R1 & R2 : Mrs.C.Sangamithirai, Special Government Pleader in both W.P's For Respondent R3 : Mrs.C.Sangamithirai, Special Government Pleader in W.P.No.13263 of 2020
O R D E R
When the matter is taken up for hearing, the learned counsels for both sides submitted that the parties have entered into a joint memo of compromise, wherein the matter has been settled between them and praying the Court that pending proceedings before this Court as regards this case be withdrawn as not pressed without claiming any interest, claim or payments against each other.
2. Pursuant to a mutual agreement arrived through mediation, the parties have filed a joint Memo of Compromise dated 27.01.2022, duly signed, with the attestation of their respective counsels. The Joint Memo of Compromise filed by the petitioner and the respondents, reads as under: "5. It is submitted that in pursuance of the compromise settlement made before this Court, the said S,Palanisamy(Son) undertakes to pay a sum of Rs.5,00,000/-(Rupees Five Lakhs Only) on or before 31.01.2022 as 1st instalment and a further sum of Rs.10,00,000/-(Rupees Ten Lakhs Only) on or before 28.02.2022 as 2nd instalment and a further sum of Rs.10,00,000/-(Rupees Ten Lakhs Only) on or before 31.03.2022 as 3rd instalment to his father K.Senniappa Gounder and mother, by way of Demand Draft and thus pay a total sum of Rs.25,00,000/-(Rupees Twenty Five Lakhs Only) as full and final settlement of all the
disputes between them as per the directions of this Court.
6. Further, it is respectfully submitted that the above consent property totally extend of 2.33 acres. If any transaction made by the petitioner Mr.Palanisamy before the Sub-Register Office, Palladam which was No objection given by the father, mother and his sister for this particular property. Further, that 3rd respondent and his wife and daughter's are agreed that they will not create any dispute and not claim in future regarding the above consent property before any other Court or forum.
7. Accordingly, this Joint Memorandum of Compromise is filed for the benign consideration of this Court to abide by the compromise settlement terms ordered on 12.01.2022 and record the same."
3. In view of the Memo of Compromise dated 27.01.2022, it is clear that the disputes relating to both have been fully settled as per the terms of the said Memo of Compromise, which is signed by the parties to the litigation. Therefore, this Court directs the parties to act in accordance with the Joint Memorandum of Compromise strictly.
4. Accordingly, this Writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar anu To 1.
The District Collector, Tirupur District - 641 664.
2.
The Revenue Divisional Officer, Tirupur District - 641 664.
3. The Sub-Registrar, Palladam, Tirupur District.
+1 cc to Mr.T.Balachandran, Advocate Sr.NO. 5367 +1 cc to Government Pleader Sr.NO. 5150 W.P.No.13263 of 2020 & W.P.No.15750 of 2021 and W.M.P.No.16388 of 2020 & W.M.P.No.16656 of 2021 gsm(CO) A.SK(23.02.2022)