Court, Nagercoil, vide A.R.O.P No. 11 of 2017. Thereafter, on 20.11.2017, the petitioner had filed an application under Section 11 of the Arbitration and Conciliation Act before the Madras High Court in O.P. No. 934 of 2017, seeking the appointment of an arbitrator, and vide order dated 06.02.2018, Justice Mr. R. Mala had been appointed as the sole arbitrator. Following this, an agreement of settlement was reached between the petitioner and the Trust on 13.03.2018, wherein the Trust had agreed to pay Rs. 15,95,00,000/along with 18% GST and pending service tax, as full and final settlement. However, it is stated that the total outstanding liability was Rs. 26,00,00,000/-. The settlement agreement was then submitted to the arbitrator, who, on 27.06.2018, had passed a consent award directing the Trust to pay the aforementioned amount. However, the Trust failed to comply with the payment terms. As a result, the petitioner had filed an execution petition i.e. E.P. No. 13/2023 on 07.03.2023 before the Principal District Judge, Kanyakumari, seeking execution of the arbitral award by attaching and selling the subject properties. It is averred that on 04.01.2024, after hearing both parties, the District Judge had passed an order for the attachment of the subject property. Subsequently, the Trust had made a part payment of Rs. 13,26,00,000/-, but approximately Rs. 13,00,00,000/- remained outstanding. However, the grievance of the petitioner is that in violation of the court’s order, the Trust had applied for an Essentiality Certificate to commence a nursing and medical college on the attached properties. The petitioner had filed earlier writ petitions before the Madras High Court, including W.P.
