Madras High CourtWP/3805/2021dismissed

V.S.Murugesan v. The District Legal Services Authority

2024-06-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.4345 of 2021

1. V.S.Murugesan

2. V.M.Manimehalai ....

Petitioners Vs

1. The District Legal Services Authority, III Additional District and Sessions Court, Gobichettipalayam, Erode District.

2. A.M.Paramasivam ....

Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for th erecords of Lok Adalath Award in Lok Adalath Case No.29 of 2018 in O.S.No.82 of 2014 on the file of the III Additional District and Sessions Judge, Erode at Gobichettipalayam, dated 10.02.2018 and quash the same and permit the petitioners and second respondent to enter into modified the memo of compromise.

For Petitioners : Ms.Lavanya

for Mr.Eswar For R1 : Mr.K.Govindan For R2 : Mr.Magalingam

ORDER

This Writ Petition has been filed challenging the award passed by the Lok Adalat in Lok Adalat Case No.29 of 2018 in O.S.No.82 of 2014 on the file of the III Additional District and Sessions Judge, Erode at Gobichettipalayam, dated 10.02.2018.

2. Heard the learned counsel appearing for the petitioners. Though notice has been served on the respondents, none appeared on behalf of the respondents either in person or through pleader.

3. The petitioner challenges the award on the ground that it is liable to be modified in view of the common and voluntary consensus between the petitioners and the second respondent in order to strength the financial position of the family together. Though the counsel entered appearance, no one is present before this Court. It shows that the second respondent is not aggrieved with the claim made by the petitioner. Therefore, the award passed by the Lok Adalat cannot be set aside and the writ petition is devoid of merits and is liable to be dismissed.

4. Accordingly, this writ petition stands dismissed.

Consequently, connected miscellaneous petition is closed. No costs. 13.06.2024 Internet : Yes Index : Yes/No Speaking/Non-speaking order Lpp To The District Legal Services Authority, III Additional District and Sessions Court, Gobichettipalayam, Erode District.

G.K.ILANTHIRAIYAN, J.

Lpp 13.06.2024