IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 27626 of 2008(L) -------------------------- OS.75/2006 of SUB COURT, VADAKARA .................... PETITIONER: ------------- PRASEED.R., S/O.LATE RAGHAVAN, AGED 48 YEARS, "SUDARSANA", COMPAL.P.O,VADAKARA TALUK,KOZHIKODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ---------------- 1. C.H.SARALA, W/O.R.RAGHAVAN, EDAVANTAVIDA HOUSE, VADAKARA.P.O, KOZHIKODE DISTRICT. 2. THE DISTRICT LEGAL SERVICE AUTHORITY, VADAKARA, REP;BY ITS CHAIRMAN, KOZHIKODE DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 27626 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 JUDGMENT In view of the proposed disposal of this writ petition, notice to the respondents is dispensed with. 2. The writ petitioner is the plaintiff in OS No.75/06 on the file of the Sub Court, Vadakara. During the pendency of the suit, the case was referred to Lok Adalat. The matter was settled. In accordance with the joint statement filed by the parties pursuant to the settlement. Ext.p1 award was settled by the Lok Adalat on 21.06.2007. The number allotted to the case by the Lok Adalat was case No.881/2007. Even though the name of the plaintiff/writ petitioner is Praseed.R., Ext.P1 award of the Lok Adalat showed the name of the petitioner as R.Pradeed. Since the defendant did not act in terms of the compromise, the petitioner filed Ext.P3 execution petition before the Sub Court, Vadakara. It was returned by that court for curing certain defects on 22.07.08. One of the defects noted was that the name of the petitioner as shown in the execution petition was R.Praseed where as the name of the plaintiff as shown in the award was R.Pradeed. Petitioner claims to have re-presented WPC : 27626/2008 -:2:- the execution petition after curing the defects on 30.07.08. The petitioner also filed Ext.P4 affidavit on 28.07.08 stating that his correct name is Praseed. R and that his name is wrongly shown as R. Pradeed in Ext.P1 award. But the execution petition was again returned stating that the name of the petitioner in the execution petition is different from the name of the plaintiff as shown in Ext.P1 award. 3. Since the registry of the Sub Court, Vadakara was not prepared to register the execution petition, the petitioner filed an application before the second respondent, namely the District Legal Services Committee, Vadakara for correction of his name in the award. Ext.P5 is the notice issued by the Legal Services Committee calling upon the petitioner to appear before the Adalat on 19.08.08. The grievance of the petitioner is that even though responding to the said notice, he appeared before the Lok Adalat, it was informed that the Adalat does not have the power to rectify the mistake pointed out. Hence this Writ Petition. 4. I fail to see as to why the District Legal Services Committee, Vadakara has expressed inability to correct the obvious mistake in WPC : 27626/2008 -:3:- the award. The plaint shows that the plaintiff's name is Praseed.R and the compromise petition filed before the Adalat shows that the name of the petitioner plaintiff is Praseed. So the mistake in the name was committed by the Adalat while passing the award. The view taken by the Adalat that it does not have the power to correct the said mistake cannot be supported. An obvious mistake committed by the Adalat should be capable of being corrected by the Adalat itself and not by the Sub Court because after the award is passed by the Adalat the Civil Court has no role to play, except when an execution petition is filed for executing the award. Courts and other adjudicating agencies exist for doing justice and not for perpetrating injustice. This Writ Petition is accordingly disposed of directing the 2nd respondent, District Legal Services Committee, Vadakara, to correct the name of the petitioner in Ext.P1 award. The correction shall be carried out within one week of receipt of a copy of this judgment. V. RAMKUMAR, JUDGE ttb