Madras High CourtWP/25032/2023disposed of

A.V.Anish v. The District Legal Services Authority,

2023-08-24Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE A.V.Anish ... Petitioner Vs.

1. The District Legal Services Authority Udhagamangalam.

2. The Taluk Legal Services Committee, Coonoor, Nilgiris District.

3.Mrs.Parvathi

4. The Fast Track Court, Magistrate Level, Coonoor.

... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the Award dated 26.06.2022 passed in STC No.58/2021 on the file of the Fast Track Court at Magistrate Level, Coonoor, 4th respondent herein, to quash the same and consequently forbearing the 3rd respondent their men, agents or any persons claiming through them in any manner in taking steps for implementing the Lok Adalath Award dated 26.06.2022.

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For Petitioner : Mr.M.Rajasekar For Respondents : M/s.N.Senthilselvi, G.A.

ORDER

The petitioner herein was an accused in STC.No.58 of 2021 on the file of the Fast Track Court at Magistrate Level, Coonoor, wherein he faced liability of Rs.8,40,000/-.

2.The matter was referred to Lok Adalat, where an order came to be passed on 26.06.2022, in which, it was agreed that the petitioner would pay the amount of Rs.1,70,000/- in lieu of the entire claim in STC.No.58 of 2021. The award also recorded that the petitioner had paid Rs.20,000/- on the very date on which the award was passed and the balance to be paid was only Rs.1,50,000/-. 3.The petitioner submits that he informed the third respondent, the complainant in STC.No.58 of 2021 of his readiness to pay the balance amount through WhatsApp, but it invoked no response. In the meantime, the third respondent had filed E.P.No.42 of 2022 for enforcing the award. Hence, the petitioner submits that the award dated 26.06.2022 to be implemented. 2/4

4.The petitioner is now directed to deposit the balance amount of Rs.1,50,000/- in the pending E.P. within a period of one week from today. If there are any outstanding issues to be decided, it can be decided by the Execution Court itself, and it is open to the petitioner and the third respondent to resolve it before the Execution Court.

5.The writ petition is accordingly disposed of. No costs. 24.08.2023 pvs Index : Yes / No Note to office:Issue order copy on 24.08.2023 To

1. The District Legal Services Authority Udhagamangalam.

2. The Taluk Legal Services Committee, Coonoor, Nilgiris District.

3. The Fast Track Court, Magistrate Level, Coonoor.

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N.SESHASAYEE, J.

pvs 24.08.2023 4/4