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Madras High CourtWP/18583/2020disposed of

R.Deepa v. The District Collector

2024-12-18Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.18583 of 2020 and W.M.P.No.23057 of 2020 R.Deepa .. Petitioner

Versus

1. The District Collector, cum District Magistrate, Office of Collectorate Office, Chennai - 600 001.

2. The Revenue Divisional Officer Office of Collectorate Office,Chennai - 600 001.

3. The Sub Registrar Madhavaram,No.3, Bhagat Singh Street, Madhavaram, Chennai 600 060.

4. D. Sumathi

5. S.Harini

6. Minor S.N.Karthick

...Respondents

Prayer: This petition is filed under article 226 of the constitution of India to issue a writ of certiorari to call for the records relating to the proceedings of the first respondent in Ma.Mu.Ma.No.A6/2035/2019 1/6

dated 05.09.2020 by confirming the proceedings of the second respondent in Se.Mu.No.A4/3188/2018 dated 29.03.2019 and quash the same as illegal and pass orders.

For Petitioner : Mr.S.P. Hari Krishnan for M/s.K.M. Vijayan Associates For Respondents1 and 2 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This petition is filed to issue a writ of certiorari to call for the records relating to the proceedings of the first respondent in Me.Mu.Ma.No.A6/2035/2019 dated 05.09.2020 by confirming the proceedings of the second respondent in Se.Mu.No.A4/3188/2018 dated 29.03.2019 and quash the same as illegal and pass orders.

2. The case of the petitioner is that the petitioner's husband inherited the subject property from his father. After the demise of the petitioner's husband the petitioner's father-in-law filed an application before the second respondent to cancel the settlement deed executed to the petitioner's husband. The second respondent in turn passed an order on 29.03.2019 cancelling the settlement deed. Aggrieved over the same 2/6

the petitioner preferred an appeal before the first respondent who in turn passed an order on 05.09.2020 in Me.Mu.Ma.No.A6/2035/2019 confirming the order passed by the second respondent. Challenging the same the petitioner has come up with this petition.

3. The learned counsel for the petitioner submitted that this Court vide order dated 04.07.2024 referred the matter to the mediation centre and as per the direction of this Court, both the parties appeared before the mediation centre and the matter has been settled.

4. Settlement Agreement entered between the parties on 18.11.2024 is as follows:

1. The second to fifth parties on execution of this settlement agreement shall pay together a sum of Rs.4,00,000/- ( Rupees four Lakhs Only) to the First part in DD.No.145333 dated 18.11.2024 IOB Kolathur Branch.

2. The second to fifth parties on 29.11.2024 shall pay together a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) to the first party. The same paid Rs.4,00,000/- I.O.B.D.D.No.145342 dated 28.11.2024. Kolathur Branch.

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3.Immediately upon the receipt of Rs.8,00,0000/- ( Rupees Eight Lakhs Only) in the manner stated as above from the Second to Fifth Parties, the First Party shall withdraw the said writ petition No.18583 of 2020 and submit in proof thereof the order of the Hon'ble Madras High Court recording this settlement Agreement vis-a- vis dispose of the said writ petition.

4. Upon fulfilling the terms of Settlement/Agreeement, no party hereto shall have any claim whatsoever,either monetary or otherwise, against the order party hereto.

5. The partie hereto shall file this settlement agreement before the mediator appointed by the Hon'ble high Court and secure an order from the mediator in terms hereof.

5. In view of the settlement agreement arrived between the parties, this writ petition is disposed of. No order as to costs. Consequently the connected miscellaneous petition is closed. The settlement agreement entered between the parties which is extracted above forms part of this order.

18.12.2024 Speaking order : Yes/No Index : Yes/No smn 4/6

To

1. The District Collector, cum District Magistrate, Office of Collectorate Office, Chennai - 600 001.

2. The Revenue Divisional Officer Office of Collectorate Office, Chennai - 600 001.

3. The Sub Registrar Madhavaram No.3, Bhagat Singh Street, Madhavaram, Chennai 600 060.

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V.BHAVANI SUBBAROYAN, J.

smn W.P.No.18583 of 2020 and W.M.P.No.23057 of 2020 18.12.2024 6/6