Madras High CourtWA/3570/2019settled before the lokadalats

P.Rajaram v. The Superintending Engr

2022-04-28Honourable Mr Justice M.Thanikachalam (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 28th day of April, 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.THANIKACHALAM (Retd.) and Member Mrs.M.Rajalakshmi, District Judge, (Retd) W.A.No.3570 of 2019 and CMP.Nos.22934 & 22936 of 2019 (Writ Appeal filed to set aside the order in W.P.No.15915 of 2008 dated 14.06.2019 and allow the writ appeal as prayed for.) Prayer in WP.No.15915 of 2008:

The Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call records of the 2nd respondent in Lr.No.JE/O & M/Vishnukanchi/Kot/Lr.No.100/08 dated 23.06.2008 and quash the same.

P.Rajaram .. Appellant Vs.

1. The Superintending Engineer, T.N.E.B Olimohamed Pettai, Kanchipuram.

2. The Junior Engineer, T.N.E.B Vishnu Kanchi Kanchipuram.

.. Respondents

This case came up for settlement before this Lok Adalat. Mr.C.S.Krishnamoorthy, counsel for the petitioner present and Mr.S.K.Rameshwar, counsel for the respondents, though filed appearance absent.

TERMS OF SETTLEMENT As represented by the learned counsel for the petitioner, there was some alleged theft of energy by TNEB, which is challenged, resulting filing a writ petition consequentially filing a writ appeal also, which is before us for disposal.

2. Because of the order passed by the Hon'ble High Court (Single Judge) the matter was taken to Division Bench by way of appeal. At that time, as represented by the learned counsel for the appellant / petitioner, as directed by the Hon'ble Division Bench, they have deposited a sum of Rs.1,60,639/-, thereby satisfying order of Single Judge as well as Division Bench. Therefore, the learned counsel for the appellant, felt and realised that no useful purpose will be served, in keeping the writ appeal pending. Thereby, they have made representation making endorsement, that the appeal may be dismissed as not pressed, since no cause of action survives. The respondents presence are not necessary and dispensed with, for disposal of this appeal, in view of the stand taken by the learned counsel for appellant and their presence cannot cause any significance.

3. The Writ Appeal is disposed of accordingly in the above terms. Consequently connected miscellaneous petitions are closed. This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

sd/- sd/- Member Judge Sd/- Assistant Registrar(CS-LA) //True Copy// Sub Assistant Registrar

To:The parties/Advocate concerned Copy to:

The Secretary, High Court Legal Services Committee, Chennai.

The Section Officer, V.R.Section, High Court, Madras.

The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies W.A.No.3570 of 2019 and CMP.Nos.22934 & 22936 of 2019 MT(CO) UMA(10/06/2022)