Madras High Court
Mrs. Sengil Lakshmi vs The Chairman Cum Managing ... on 16 September, 2022
WP.No.7111 of 2018 and S.A.No.15 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
WP.No.7111 of 2018
and
S.A.No.15 of 2018
1. Mrs. Sengil Lakshmi
2. S.Raja
.. Petitioners in WP.No.7111 of 2018 &
.. Appellants in S.A.No.15 of 2018
Versus
1. The Chairman Cum Managing Director,
Tamil Nadu Slum Clearance Board,
No.5, Kamarajar Salai,
Chennai - 600 005.
2. The Estate Officer,
Tamil Nadu Slum Clearance Board,
No.5, Kamarajar Salai,
Chennai - 600 005.
3. R.Kasiammal
.. Respondents in WP.No.7111 of 2018
1. Kasiammal
2. Tamilnadu Slum Clearance Board,
Represented by its Chairman,
No.5, Kamarajar Salai,
Chennai - 600 005.
.. Respondents in S.A.No.15 of 2018
https://www.mhc.tn.gov.in/judis
WP.No.7111 of 2018 and S.A.No.15 of 2018
Prayer in WP.No.7111 of 2018:- Writ Petition filed under Article 226 of
the Constitution of India praying for issuance of a writ of Mandamus,
directing the first respondent herein to pass an order on the petitioner's
representation dated 22.02.2018, by cancelling the transfer of allotment
and its approval made by the first respondent herein in
Na.Ka.No.14780/1994/E5 dated 08.07.1994 in favour of third respondent
herein, in respect of the allotment of land measuring an extent of
0.92.5sq.mt. which bearing Plot No.156 and Door No.32 under the
Sashthri Nagar Area Development Scheme, Chennai.
Prayer in S.A.No.15 of 2018:- Second Appeal is filed under Section 100
of Civil Procedure Code against the judgment and decree dated
15.04.2016 passed in A.S.No.34 of 2015 on the file of the XVI
Additional Judge, City Civil Court, Chennai, confirming the judgment
and decree dated 20.03.2013 passed in O.S.No.12964 of 2010 on the file
of the III Assistant City Civil Court, Chennai.
For Petitioners
in WP.No.7111 of 2018 and
For Appellants
in S.A.No.15 of 2018 : Mr.Manoharan Sundaram
For R1 & R2
in WP.No.7111 of 2018 and
R2 in S.A.No.15 of 2018 : Mr.S.Karthikeyan,
Standing Counsel
For R3
in WP.No.7111 of 2018 and
R1 in S.A.No.15 of 2018 : Mr.S.Krishnaswamy
https://www.mhc.tn.gov.in/judis
WP.No.7111 of 2018 and S.A.No.15 of 2018
COMMON JUDGMENT
Today, when the matters were taken up for consideration, the
learned counsel for the petitioners/appellants as well as the learned
counsel for the respondents submitted that the dispute between the
parties has been amicably settled on 25.08.2022 in the Tamil Nadu
Mediation and Conciliation Centre, High Court, Madras.
2.This Court perused the mediation report along with
settlement agreement dated 25.08.2022 entered into between the parties
and is recorded. For better understanding, the terms of the settlement
agreement are extracted hereunder:
“ (i) The appellants Smt. Sengil Lakshmi and
Mr.S.Raja demanded a sum of Rs.18,00,000/- (Rupees
Eighteen Lakhs only) to give up their right in the suit
property and Smt.Kasiammal also finally agreed to pay
the said amount and accordingly, she has paid today the
said sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only)
by way of cheque No.122573 dated 23.08.2022 from her
S.B.Account No. 64207978762 drawn on State Bank of
India, Shastri Nagar Branch, Chennai in favour of
Mr.S.Raja who received the same on his behalf and on
https://www.mhc.tn.gov.in/judis
WP.No.7111 of 2018 and S.A.No.15 of 2018
behalf of his mother Smt.Sengil Lakshmi. Smt.Sengil
Lakshmi has no objection to receive the said amount by
her son Mr.S.Raja on her behalf also.
(ii) The payment of the said amount is towards
the full and final settlement of the entire dispute between
them with respect of suit property.
(iii) The appellant Smt. Sengil Lakshmi and her
son S.Raja admit and declare that Kasiammal shall be the
absolute owner of the entire suit property and they
undertake not to make any claim of right or title over the
said suit property.
(iv) In view of this full and final settlement of
the entire dispute between them, the appellant Sengil
Lakshmi and Mr.S.Raja undertake to withdraw S.A.No.15
of 2018 and WP.No.7111 of 2018 and they jointly pray
that this Hon'ble Court may be pleased to dismiss the
S.A.No.15 of 2018 and WP.No.7111 of 2018 as withdrawn
and thus render justice.
(v) In view of the entire dispute is fully and
finally settled and S.A.No.15 of 2018 and WP.No.7111 of
2018 are dismissed as withdrawn. Smt.S.Sengil Lakshmi
and Mr.S.Raja the defendants in O.S.No.12964 of 2010,
have no objection for the return of the original documents
to the plaintiff Kasiammal, which are filed by her in the
said suit, before the Learned III Assistant Judge, City Civil
Court at Chennai."
https://www.mhc.tn.gov.in/judis
WP.No.7111 of 2018 and S.A.No.15 of 2018
3.In view of the above, the writ petition as well as the second
appeal are dismissed as withdrawn. The settlement agreement dated
25.08.2022 entered into between the parties shall form part of the decree.
No costs.
16.09.2022
Index : Yes/No
Internet: Yes/No
av
To
1. The XVI Additional Judge,
City Civil Court, Chennai.
2. The III Assistant City Civil Court,
Chennai.
3. The Chairman Cum Managing Director,
Tamil Nadu Slum Clearance Board,
No.5, Kamarajar Salai,
Chennai - 600 005.
4. The Estate Officer,
Tamil Nadu Slum Clearance Board,
No.5, Kamarajar Salai,
Chennai - 600 005.
5. The Section Officer, V.R. Section,
High Court of Madras, Chennai 600 104.
https://www.mhc.tn.gov.in/judis
WP.No.7111 of 2018 and S.A.No.15 of 2018
KRISHNAN RAMASAMY J.,
av
WP.No.7111 of 2018
and
S.A.No.15 of 2018
16.09.2022
https://www.mhc.tn.gov.in/judis
