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Madras High CourtCRP/4894/2011allowed

District Forest Officer v. Periyasamy

2019-11-27Honourable Mr Justice M.Duraiswamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.11.2019 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY C.R.P.(NPD) Nos. 4894, 4896, 4897, 4898, 4899,

1. District Forest Officer, Salem and Namakkal.

2. State of Tamil Nadu, Rep. By District Collector, Namakkal.

... Petitioners in both C.R.Ps v.

Mr.Periyasamy ... Respondent in C.R.P.No.4894/2011 Mr. Kuppusamy ... Respondent in C.R.P.No.4896/2011 Mr.Shanmugam ... Respondent in C.R.P.No.4897/2011 Mr.Subramani ... Respondent in C.R.P.No.4898/2011 Mrs.Rani ... Respondent in C.R.P.No.4899/2011 Mr.Subramani ... Respondent in C.R.P.No.4902/2011 Mr.Thangaraju ... Respondent in C.R.P.No.4903/2011 Mr.Palani ... Respondent in C.R.P.No.4904/2011 Page 1 / 8

Mrs. Marayee ... Respondent in C.R.P.No.4905/2011 Mr.Velusamy ... Respondent in C.R.P.No.4907/2011 C.R.P.No.4894/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.1 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.4896/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.22 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.4897/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.24 of 2006 in Unnumbered C.M.A.

of 2006, dated 23.06.2011. C.R.P.No.4898/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.25 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

C.R.P.No.4899/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.26 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.4902/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.33 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.4903/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.35 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.

4904/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.36 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.4905/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.39 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

C.R.P.No.4907/2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional District Judge, Fast Track Court, Namakkal in I.A.No.481 of 2006 in Unnumbered C.M.A. of 2006, dated 27.06.2011. For Petitioners : Ms.Thangavadhana Balakrishnan Additional Government Pleader(F) For Respondents : No Appearance in all CRPs COMMON ORDER Challenging the fair and final orders dated 23.06.2011 passed in Interlocutory Applications in I.A. Nos. 1, 22, 24, 25, 26, 33, 35, 36, 39 and 481 of 2006 in Unnumbered C.M.A. Of 2006, on the file of the Additional District Judge, Fast Track Court, Namakkal, the petitioners have filed the above Civil Revision Petitions.

2. There was a delay of more than 1000 days in filing the appeals before the Additional District Court, Fast Track Court, Namakkal, Page 4 / 8

challenging the orders passed by the Forest Settlement Officer, Attur. The relevant F.S.C. Numbers and the date of the orders passed by the Forest Settlement Officer are tabulated as follows:- C.R.P.Nos.

I.A.Nos.

F.S.C.Nos.

Date of the F.S.C. Order 4894/2011 1/2006 2/2002 26.03.2002 4896/2011 22/2006 23/2002 26.03.2002 4897/2011 24/2006 25/2002 26.03.2002 4898/2011 25/2006 26/2002 26.03.2002 4898/2011 26/2006 27/2002 26.03.2002 4902/2011 33/2006 34/2002 26.03.2002 4903/2011 35/2006 36/2002 26.03.2002 4904/2011 36/2006 37/2002 26.03.2002 4905/2011 39/2006 40/2002 26.03.2002 4907/2011 481/2006 499/2002 27.03.2002

3. In the affidavit filed in support of the applications, the petitioners have stated that they found it very difficult to trace and go through the fifty years case records and hence, there is a delay of more than 1000 days in filing the appeals.

Page 5 / 8

4. Though notices sent to the respondents were duly served and their names have been printed in the cause list, none appeared on their behalf.

5. The learned Additional Government Pleader (F) appearing for the petitioners submitted that in identical state of facts, this Court in a batch of Civil Revision Petitions in C.R.P.Nos.4150 of 2011 etc. batch, by order dated 21.11.2013, allowed the Civil Revision Petitions and condoned the delay in filing the appeals. The Additional Government Pleader (F) produced a copy of the order passed by this Court in the batch of Civil Revision Petitions.

6. Since the facts leading to the filing of these Civil Revision Petitions are identical to the batch of Civil Revision Petitions, which were already allowed, following the order passed by this Court in the batch of Civil Revision Petitions dated 21.11.2013, the fair and final orders passed by the Additional District Court, Fast Track Court, Namakkal, are set aside Page 6 / 8

and the applications in I.A. Nos 1, 22, 24, 25, 26, 33, 35, 36, 39 and 481 of 2006 are allowed. The Civil Revision Petitions are allowed. No costs. 27.11.2019 Index : Yes / No Speaking order / Non Speaking Order Rj To The Additional District Judge, Fast Track Court, Namakkal.

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M.DURAISWAMY, J.

Rj CC.R.P.(NPD) Nos. 4894, 4896, 4897, 4898, 4899, 27.11.2019 Page 8 / 8