The Forest Settlement v. T.C.Cheriyan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2023 CORAM :

THE HON'BLE MR. JUSTICE P.VELMURUGAN C.M.S.A. No. 25 of 2003 ---- 1.The Forest Settlement Officer, Gudalur, The Nilgiris.

2.The District Forest Settlement Officer, Gudalur Division, Gudalur, The Nilgiris.

... Appellants Vs.

T.C.Cheriyan ... Respondent Civil Miscellaneous Second Appeal filed under Section 10 of the T.N.Forest Act, 1882 read with Section 100 of Civil Procedure Code against the judgment and decree in C.M.A.No.66 of 1993 dated 31.3.1995 by the learned District Judge and the Appellate Authority of The Nilgiris at Uthagamandalam allowing the appeal against the judgment and order of the Forest Settlement Officer, Gudalur in his proceedings in Rc.A.No.755/84 dated 7.1.1993.

For Appellants : Mr.P.Harish Government Advocate (CS) For Respondent : Mr.R.Sunil Kumar Page No.1/4

J U D G M E N T

When the matter was listed for hearing on 28.08.2023, there was no representation for the appellants as well as the respondent and the matter was directed to be listed on 05.09.2023 under the caption ''for dismissal''.

2. Today (05.09.2023), when the matter is taken up for hearing, Mr.P.Harish, learned Government Advocate (CS) appearing for the appellants is present before this Court and has sought short accommodation. The matter is pending from the year 2003. The learned Government Advocate appearing for the appellants sought adjournments whenever the case was listed for hearing only to drag on the matter, which clearly shows that the appellants are not interested in proceeding with the matter. Hence, this Civil Miscellaneous Second Appeal is dismissed for non-prosecution. There shall be no order as to costs.

05.09.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Page No.2/4

To 1.The District Judge and the Appellate Authority of The Nilgiris at Uthagamandalam.

2.The Forest Settlement Officer, Gudalur, The Nilgiris.

3.The District Forest Settlement Officer, Gudalur Division, Gudalur, The Nilgiris.

3.The Section Officer, V.R.Section, High Court, Madras.

Page No.3/4

P.VELMURUGAN, J.

ms C.M.S.A.No. 25 of 2003 05.09.2023 Page No.4/4