High Court · 2025

WP No. 3632 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 03-07-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHWP No. 3632 of 20241. A.RajaduraiS/o.Late.S.Arunachalam, No.54/1, N.Moolakuppam, C.N.Palayam Post, Cuddalore Taluk And District.Petitioner(s)Vs1. The Chairman / District Judge,Permanent Lok Adalat, District Legal Service Authority, District Court Campus, Cuddalore District.2.The Sub Registrar,Office Of The Sub-registrar, Main Road, Nellikuppam, Cuddalore.3.K.RajaramS/o.Late.Kaliyaperumal, No.18, N.Moolakuppam, C.N.Palayam Post, Cuddalore District.4.S.Manikandan https://www.mhc.tn.gov.in/judis WP No. 3632 of 2024S/o.Late.Sivakozhundu, N.Moolakuppam, C.N.Palayam Post, Cuddalore District.5.S.SaravananS/o.Late.Sivakozhundu, N.Moolakuppam, C.N.Palayam Post, Cuddalore District.6.S.SilambarasanS/o.Late.Sivakozhundu, N.Moolakuppam, C.N.Palayam Post, Cuddalore District.Respondent(s)PRAYERWrit petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorari to call for the records of the 1st respondent pertaining to the Lok Adakat Case No.604/2017 dated 08.04.2017 passed in O.S. No.88 of 2016 on the file of the Principal District Court, Cuddalore and quash the same in so far the property in Old S.No.126/4, New S.No.126/5 of 0.05.00 hectares, Naduveerapattu Village, Cuddalore Taluk and District and pass orders.For Petitioner(s):P.Suresh BabuFor Respondent(s):S.Arokia Manirajfor R1Mr.D.Baskar for R3 to R6Ms.P.Aishwarya, Government Advocate for R2 https://www.mhc.tn.gov.in/judis WP No. 3632 of 2024ORDERThis writ petition has been filed challenging the award passed in Lok Adalat case No.604 of 2017 dated 08.04.2017 in the suit, that was filed in OS No.88 of 2016 on the file of the Principal District Court, Cuddalore insofar including the property in Old Survey No.126/4/ New Survey No.126/5 measuring an extent of 0.50.00 hectares at Naduveerapattu Vilalge, Cuddalore Taluk and District.2.Heard P.Suresh Babu, learned counsel for the petitioner and S.Arokia Maniraj, learned counsel for 1st respondent and Mr.D.Baskar, learned counsel for respondents 3 to 6 and Ms.P.Aishwarya, learned Government Advocate for 2nd respondent.3.The case of the petitioner is that he is the absolute owner of the subject property. To make this claim, the petitioner is relying upon the partition deed dated 02.10.1944 wherein the subject property was alloted in favour of the grand father of the petitioner. The petitioner is also relying upon the Settlement deed dated 12.11.1944 wherein the grand father had settled the property in favour of the grand mother. Thereafter, it was inherited by the petitioner's father and from him, the petitioner has inherited the subject property. https://www.mhc.tn.gov.in/judis WP No. 3632 of 20244.The further case of the petitioner is that the respondents 3 to 6 filed among themselves a suit for partition in OS No.88 of 2016. During the pendency of this suit, they entered into a compromise and the matter was referred to the Lok Adalat and the Lok Adalat award came to be passed on 08.04.2017 in Lok Adalat case No.604 of 2017. The grievance expressed by the petitioner is that in this Lok Adalat award, apart from all the other properties which were the subject property in the suit , the subject property in old Survey No.126/4 / New No.126/5 was also included. Challenging this part of the Lok Adalat Award, the present writ petition has been filed before this Court.5.It is seen from records that the petitioner's father has filed OS No.55 of 2020 before the Principal District Munsif Court, Cuddalore, seeking for the relief of declaring the Lok Adalat award as null and void and for other consequential reliefs. The cause of action for filing the present suit is that taking advantage of the Lok adalat award, an attempt was made to deal with the subject property and interfere with the same. In this suit, the private respondents have filed a written statement and a counter claim. In the counter claim, they have sought for a declaration to declare that they are the owner of the subject property and for delivery of vacant possession and other consequential relief's. The suit is pending before the Principal Distirct Munsif Court, Cuddalore. https://www.mhc.tn.gov.in/judis WP No. 3632 of 20246.The petitioner has approached this Court questioning the Lok Adalat award dated 08.04.2017 with the only grievance that the subject property ought not to have been included in the Lok Adalat award and to that extent, the Lok Adalat award is not binding.7.In the considered view of this Court, neither the petitioner nor his father were parties to the suit that was filed in OS No.88 of 2016. The award was passed based on the compromise between the parties. In other words, the Court only gave its stamp of approval for a settlement that was arrived at between the parties. Therefore, at the best, it will only bind those parties to the suit and not any one else. Therefore, if the petitioner has a claim over the property and a suit has already been filed in this regard by the petitioner's father and the same is pending, the Principal District Munsif Court, Cuddalore shall deal with the claim made by the petitioner's father and also the claim made by the private respondents independently without being swayed by the Lok Adalat award passed with respect to the subject property. In other words, the Lok Adalat award that was passed in Lok Adalat case No.604 of 2017 dated 08.04.2017 should not be put against the petitioner and the concerned Court will independently deal with the claim raised by both sides. This observation will sufficiently take care of the grievance expressed by the petitioner.8.In the result, this writ petition is disposed of in the above terms and there shall be a direction to the Principal District Munsif Court, Cuddalore, to https://www.mhc.tn.gov.in/judis WP No. 3632 of 2024dispose of OS No.55 of 2020 on its own merits and in accordance with law, after affording opportunity to the parties concerned within a period of six months from the date of receipt of a copy of this order. No costs.03-07-2025rkaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 3632 of 2024To1.The Chairman / District Judge,Permanent Lok Adalat, District Legal Service Authority, District Court Campus, Cuddalore District.2.The Sub Registrar,Office Of The Sub-registrar, Main Road, Nellikuppam, Cuddalore.3.K.RajaramS/o.Late.Kaliyaperumal, No.18, N.Moolakuppam, C.N.Palayam Post, Cuddalore District.4.S.ManikandanS/o.Late.Sivakozhundu, N.Moolakuppam, C.N.Palayam Post, Cuddalore District.5.S.SaravananS/o.Late.Sivakozhundu, N.Moolakuppam, C.N.Palayam Post, Cuddalore District.6.S.SilambarasanS/o.Late.Sivakozhundu, N.Moolakuppam, C.N.Palayam Post, Cuddalore District. https://www.mhc.tn.gov.in/judis WP No. 3632 of 2024N.ANAND VENKATESH J.rkaWP No. 3632 of 202403-07-2025