Dismissed

V.G.Selvaraj v. The Lok Adalat Authority

Madras HC7 Jun 2022WP/11344/2019

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 seeking to quash a Lok Adalat award recording a compromise in a title suit was dismissed. The court held the petitioner lacked vested rights to set aside the award, as he had no claim over the property subject to the compromise, despite allegations of misuse regarding other plots.

What did the court decide?

No costs; connected Writ Miscellaneous Petitions closed. Dismissal does not preclude civil proceedings against alleged encroachment.

V.G.Selvaraj Vs The Lok Adalat Authority — Writ and Judicial Review | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.06.2022

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN

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W.P.No.11344 of 2019 and W.M.P.Nos.11670 & 11672 of 2019

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V.G.Selvaraj ... Petitioner

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Vs.

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1. The Lok Adalat Authority, Hon'ble Additional District Court, Chengalpattu.

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2. D.Rajasekaran

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3. S.Venkata Subba Reddy

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4. B.Siddharth Jain

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5. M.Geetha Bai ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the concerned records relating to the award passed by the 1^st respondent dated 27.07.2018 in O.S.No.71 of 2011 on the file of the Additional District Court, Chengalpattu and quash the same.

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For Petitioner : Mr.L.Chandrakumar For R3 & R4 : Mr.K.V.Sundararajan

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This Writ Petition has been filed seeking to issue a Writ of Certiorari, calling for the concerned records relating to the award passed by the 1^st respondent dated 27.07.2018 in O.S.No.71 of 2011 on the file of the Additional District Court, Chengalpattu and quash the same.

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https://hcservices.ecourts.gov.in/hcservices/

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The petitioner seeks to set aside the award passed by the Lok Adalat. The suit in O.S.No.71 of 2011 was filed by the 2^nd respondent herein against the respondents 3 to 5, the Tahsildar, Sholinganallur and the Sub-Registrar, Saidapet. The prayer in the suit was for declaration of the title of the plaintiff to the suit schedule property viz., Plot No.17 in V.G.P.Rajesh Nagar and for a consequential injunction.

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Pending suit, the parties entered into a compromise and the said compromise was recorded by the Lok Adalat. The compromise related to Plot Nos.17 and 24 in the said layout. The petitioner now seeks to set aside the said award of the Lok Adalat based on the compromise between the parties on the ground that the parties to the suit are now attempting to interfere with the peaceful possession of the property belonging to him in Plot Nos.20 to 23 in the very same layout misusing the award.

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It is not the case of the petitioner that he has any interest in Plot Nos.17 and 24, it is the case of the petitioner that there is attempted interference with the peaceful possession of his property with the aid of the award. The award has been produced. It does not deal with Plot Nos.20 to 23, it only deals with Plot Nos.17 and 24. Admittedly, the petitioner has no claim over Plot Nos.17 and 24.

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Hence, I do not see any right vested in the petitioner to have the award set aside. The Writ Petition therefore fails and it is dismissed. No costs. Consequently, the connected Writ Miscellaneous Petitions are closed. The dismissal of the Writ Petition will not preclude the petitioner from launching any civil proceedings to prevent alleged attempted encroachment.

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Sd/-

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Assistant Registrar(CS-III)

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//True Copy//

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Sub Assistant Registrar

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dsa

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To :

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The Lok Adalat Authority, Additional District Court, Chengalpattu.

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+1cc to Mr.K.V.Sundararajan, Advocate, S.R.No.32446

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W.P.N o.11344 of 2019

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PL(CO)

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UMA(16/06/2022)

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https://hcservices.ecourts.gov.in/hcservices/

V.G.Selvaraj v. The Lok Adalat Authority

Case brief

What is this about?

What did the court decide?

V.G.Selvaraj v. The Lok Adalat Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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