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Madras High CourtWP/35051/2025dismissed

J.Rajan v. M.Udhaya Kumar

2025-10-30Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.39218 of 2025 J.Rajan ... Petitioner Vs.

1.M.Udhaya Kumar 2.The Chairman, District Legal Services Authority, Udhagamandalam, The Nilgiris.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned Lok Adalat Award dated 13.07.2019 passed by the second respondent in S.T.C.No.291 of 2018 on the file of the District Munsif cum Judicial Magistrate Court, Kotagiri and consequently, remand it back to the Court for further adjudication.

For Petitioner :

Mr.Thanga Vadhana Balakrishnan For Respondents :

Mr.L.Mouli for R1

O R D E R

This Writ Petition has been filed challenging the impugned Lok Adalat Award dated 13.07.2019 passed by the second respondent in S.T.C.No.291 of 2018 on the file of the District Munsif cum Judicial Magistrate, Kotagiri.

2. The learned counsel appearing for the petitioner submits that the petitioner is an accused in S.T.C.No.291 of 2018 on the file of the District Munsif cum Judicial Magistrate, Kotagiri, on the complaint lodged by the first respondent that the petitioner borrowed a sum of Rs.3,50,000/- from the first respondent, for which, the petitioner has given an instrument which was presented for drawing, however, it was dishonored. Thereafter, the matter was referred to the Lok Adalat and an award was passed as if the petitioner agreed to pay a sum of Rs.2,50,000/-. However, in fact, the petitioner has not attended the Lok Adalat and not signed in the Lok Adalat award and therefore, challenged the Lok Adalat award by way of this writ petition.

3. This Court, vide order dated 16.09.2025, issued a direction to the District Munsif cum Judicial Magistrate, Kotagiri, to conduct enquiry between the petitioner and the first respondent and file a report. Pursuant to the same, a report has been filed by the District Munsif cum Judicial Magistrate Court, Kotagiri, wherein, the petitioner denied the signature and the respondent admitted his signature in the Lok Adalat Award. In order to resolve the dispute, this Court directed the petitioner to produce contemporaneous document enabling the Court to send the same to the Expert for comparing the signature in the Lok Adalat Award with contemporaneous document.

However, when the matter is taken up for hearing today, the learned counsel appearing for the petitioner submits that the petitioner is not able to produce any contemporaneous document. In the absence of the same, signature cannot be compared. Hence, the prayer sought for in this writ petition cannot be granted. Further, the Lok Adalat award cannot be challenged and it has become final.

producing contemporaneous document, the award cannot be interfered by this Court.

4. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. 30.10.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The Chairman, District Legal Services Authority, Udhagamandalam, The Nilgiris.

M.DHANDAPANI, J.

ssb 30.10.2025