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2014 DIGILAW 721 (MAD)

Nizamuddin v. Assistant Executive Engineer

2014-03-21

M.JAICHANDREN, M.VENUGOPAL

body2014
Judgment 1. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Certiorarified Mandamus, to call for the records relating to demolition order issued by first respondent, in his Proceeding W.D.C. No. DA/WDC02/00168/2011, dated 06.05.2011, against building situated at Old No.9, New No.19, Mannarsamy Koil Street, Royapuram, Chennai-13 and to quash the same, and consequently, to direct the first respondent to have physical verification to check the condition of building situated at Old No.9, New No.19, Mannarsamy Koil Street, Royapuram, Chennai-13, by considering the petitioner's representation dated 28.09.2011. 2. The matter was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 15.11.2011. 3. A communication, dated 05.06.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, has been received, enclosing a copy of the Mediation Report, dated 17.07.2012, stating that the matter has been settled between the parties concerned, as per the terms cited in the Mediation Agreement, dated 17.07.2012. 4. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 17.07.2012, this Writ Petition is listed for passing orders. 5. The Mediation Agreement, dated 17.07.2012, signed by the parties, as well as their respective counsels, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: "Both parties and their Advocate present. The matter settled by the both parties on condition that, 2nd Respondent has paid Rs.9,00,000/- (Rupees nine lakhs only) to the Petitioner as for terms. The Petitioner has received above Rs.9,00,000/- (Rupees nine lakhs only) and the case settled amicably reached agreement today. The petitioner hand over vacant Possession of the shop to the 2nd Respondent. Both the Petitioner and 2nd Respondent accept the above same. " 6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 17.07.2012, this Writ Petition is disposed of. The terms of the Mediation Agreement, dated 17.07.2012, shall form part of the order. No costs. Connected Miscellaneous Petitions are closed.