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2013 DIGILAW 3034 (MAD)

A. Moses Asirvatham Correspondent, Social Welfare & Educational Centre (Swec) Nursing School Erode v. State Rep. By Inspector Of Police, Erode

2013-08-23

M.JAICHANDREN

body2013
Judgment : 1. This petition has been filed seeking to direct the first respondent to register the case on the petitioner's complaint, dated 7.3.2013, and further direct the second respondent to nominate the investigation officer in the rank of the Deputy Superintendent of Police and to take necessary action against the accused persons. 2. This criminal original petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 29.4.2013. 3. A communication, dated 19.8.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 12.8.2013, has been received, and in the said Mediation Report, it is stated as follows:- "Both Parties appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement. Hence, the matter is sent back to the Hon'ble Court." 4. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 12.8.2013, this petition is listed for passing orders in terms of the said Mediation Agreement. 5. The Mediation Agreement, dated 12.8.2013, signed by the parties and the counsel appearing for the petitioner, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1. A. Moses Asirvatham / Petitioner correspondent of SWEC School of Nursing is the tenant of K.P. Muthusamy Gounder from 2005 and after his death from March 2013 he is the tenant under Mrs. M. Madhubala W/o. Dr. L.V. Mohan. 2. The landlord Mrs. M. Madhubala had requested Mr. A. Moses Asirvatham to vacate the buildings as it was very old and had to be demolished as it could not to be repaired. But Mr. A. Moses Asirvatham, had protested to this and on 22.03.2013 the building was demolished as landlord felt it could create harm to the occupants. 3. Mr. A. Moses Asirvatham / Petitioner is present at mediation and had agreed to withdraw the complaint filed before the Town Police Station Erode on 07.03.2013 and also agreed to withdraw the O.S.No.88/2013 filed before the Hon’ble District Munsif, Erode and also agreed to withdraw Crl.OP.No.8288/2013. 4. Mrs. Madhubala has agreed to compensate Mr. 3. Mr. A. Moses Asirvatham / Petitioner is present at mediation and had agreed to withdraw the complaint filed before the Town Police Station Erode on 07.03.2013 and also agreed to withdraw the O.S.No.88/2013 filed before the Hon’ble District Munsif, Erode and also agreed to withdraw Crl.OP.No.8288/2013. 4. Mrs. Madhubala has agreed to compensate Mr. A. Moses Asirvatham / Petitioner and has paid Rs,1,95,000/- (Rupees one lakh and ninety five thousand only)D.D.Nos.630659 and 630658, dated 06.08.2013, drawn on the Federal Bank Ltd., Erode Branch, which Mr. A. Moses Asirvatham / Petitioner has received. Mrs. Madhubala has agreed to withdraw the counter complaint filed before the Town Police Station, Erode on 07.03.2013 in C.S.R.No.33/2013. 5. All the issues and claims between them has been settled and there is no other issue or claim to be settled." 6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 12.8.2013, and in terms of the Mediation Report, dated 12.8.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, this petition is disposed of, recording the terms of the Mediation Agreement, dated 12.8.2013. The terms of the Mediation Agreement, dated 12.8.2013 and the Mediation Report, dated 12.8.2013, of the Mediation Centre, shall form part of the order.