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Madras High CourtWP(MD)/24873/2023dismissed

Raman v. The Chairman / Sub Judge

2023-10-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.21063 of 2023 Raman ... Petitioner Vs.

1.The Chairman / Sub - Judge, Taluk Legal Committee, Manaparai.

Adaikan (Died) 2.Durairaj 3.Sivajothi 4.VIjaya 5.Tamilselvan 6.Ramalingam 7.Dhivya ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in connection with award passed in Lok Adalat case 378/2022 in OS No.131/2006 dated 12.11.2022 by the 1st respondent set 1/4

aside the same and remand back to Principal District Munsif Court, Manaparai.

For Petitioner : Mr.S.Moorthy

ORDER

Heard the learned counsel for the writ petitioner. 2.The petitioner challenges the Lok Adalat award. The petitioner had filed O.S.No.131 of 2006 before the Principal District Munsif Court, Manapparai for recovery of possession. The matter was referred to Lok Adalat. Before the Lok Adalat, the petitioner had agreed to pay a sum of Rs.11,50,000/-. This award is put to challenge on the ground that the petitioner was misled to agree to that figure. The learned counsel for the petitioner would state that the petitioner was made to believe that certain amenities such as borewell have already been provided in the suit schedule property. When he physically visited the spot, he learnt to his utter disappointment that the amenities said to be available in the suit schedule were actually not there.

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3.I am not persuaded by these submissions. No one compelled the petitioner to agree for certain terms before the Lok Adalat. Having agreed to, the petitioner is bound by the same. As per the statutory provisions, a Lok Adalat award is final and binding on the parties. 4.In these circumstances, the question of interfering with the impugned award does not arise at all. The writ petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.

13.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias 13.10.2023 4/4