Chinnasamy v. The State Legal Service Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Chinnasamy ... Petitioner Vs

1. The State Legal Service Authority, A.D.R.Buildings, North Fort Road, High Court Campus, Chennai.

2. The District Legal Service Authority, District Court Campus, Erode.

3. Chenniappan

4. Krishnaveni ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondents to list the L.A. No. 103 of 2019 connected to the suit in O.S. No. 45 of 2019 on the file of the Subordinate Court, Perundurai, Erode District on the file of the second respondent for hearing the parties and to issue the correct copy of the compromise settlement. 1/5

For Petitioner : Mr. A.Sundara Vadhanan For Respondents : Mr. S.Arumugam, Government Advocate (for R1 & R2) Mr. U.Saurabh (for R3 & R4)

O R D E R

This Writ Petition has been filed for directing the first and second respondents to entertain an application in L.A. No. 103 of 2019 in O.S. No. 45 of 2019 on the file of the Subordinate Court, Perundurai, Erode District for making some corrections in the compromise entered between the parties.

2. The third and fourth respondents herein filed a suit in O.S. No. 45 of 2019 on the file of the Subordinate Court, Perundurai, Erode District for partition. While pending the said suit, the parties had entered into compromise and amicably settled the issues. Accordingly, the compromise memo filed and the same was recorded before the Lok Adalat and award has been passed. Thereafter, they found some mistakes in the compromise memo and as such, they filed the said application to correct the Lok Adalat award. However, it was not entertained since there is no provision to correct the Lok Adalat award.

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3. In view of the pecuniary circumstances, the petitioner, the third and fourth respondents herein and other parties, if any are directed to file appropriate application to correct the compromise memo with consent of all the parties before the second respondent and on receipt of the same, the second respondent is directed and pass orders to correct the award in respect of their schedule of properties.

4. In the result, this Writ Petition is allowed to the extent indicated above. No costs.

25.06.2024 Index:Yes/No kv 3/5

To

1. The State Legal Service Authority, A.D.R.Buildings, North Fort Road, High Court Campus, Chennai.

2. The District Legal Service Authority, District Court Campus, Erode.

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G.K.ILANTHIRAIYAN, J.

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