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Madras High CourtCRP/4785/2012allowed

District Forest Officer v. K.Rajendran

2019-11-25Honourable Mr Justice M.Duraiswamy9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2019 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY 1.District Forest Officer, Salem and Namakkal.

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

... Petitioners in all C.R.Ps Vs.

K.Rajendran ... Respondent in C.R.P.4785/2012 M.Nallappan ... Respondent in C.R.P.4786/2012 N.Muthusamy ... Respondent in C.R.P.4787/2012 M.Annamalai ... Respondent in C.R.P.4788/2012 K.Ramajayam ... Respondent in C.R.P.4789/2012 M.Perumal ... Respondent in C.R.P.4790/2012 S.Karuppannan ... Respondent in C.R.P.4791/2012 J.Periyammal ... Respondent in C.R.P.4792/2012 R.Chinnasamy ... Respondent in C.R.P.4793/2012 A.Ganesan ... Respondent in C.R.P.4794/2012 K.Murugesan ... Respondent in C.R.P.4795/2012 P.Lakshmanan ... Respondent in C.R.P.4796/2012 P.Santhappan ... Respondent in C.R.P.4797/2012 C.Raman ... Respondent in C.R.P.4798/2012 A.Palani ... Respondent in C.R.P.4799/2012 Page 1 / 9

P.Arumugam ... Respondent in C.R.P.4800/2012 K.Anchalam ... Respondent in C.R.P.4801/2012 K.Kandasamy ... Respondent in C.R.P.4802/2012 A.Periyasamy ... Respondent in C.R.P.4803/2012 O.Varathan ... Respondent in C.R.P.4804/2012 C.R.P.No.4785 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.62 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4786 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.63 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4787 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.64 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4788 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.65 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

Page 2 / 9

C.R.P.No.4789 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.112 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4790 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.71 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4791 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.152 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4792 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.76 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4793 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.100 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4794 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.104 Page 3 / 9

of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4795 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.153 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4796 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.105 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4797 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.149 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4798 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.148 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4799 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.155 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

Page 4 / 9

C.R.P.No.4800 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.156 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4801 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.170 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4802 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.157 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4803 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.171 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4804 of 2012 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.172 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

For Petitioners : Ms.Thangavadhana Balakrishnan (in all C.R.Ps) Additional Government Pleader(F) For Respondents : No Appearance in all C.R.Ps Page 5 / 9

C O M M O N O R D E R Challenging the fair and final orders dated 23.06.2011 passed in the Interlocutory Applications in I.A.Nos.62 of 2006, 63 of 2006, 64 of 2006, 65 of 2006, 112 of 2006, 71 of 2006, 152 of 2006, 76 of 2006, 100 of 2006, 104 of 2006, 153 of 2006, 105 of 2006, 149 of 2006, 148 of 2006, 155 of 2006, 156 of 2006, 170 of 2006, 157 of 2006, 171 of 2006 and 172 of 2006 in Un-numbered C.M.A.Nos. 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, 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 4785 of 2012 62 of 2006 26.03.2002 4786 of 2012 63 of 2006 26.03.2002 4787 of 2012 64 of 2006 26.03.2002 4788 of 2012 65 of 2006 26.03.2002 4789 of 2012 112 of 2006 26.03.2002 Page 6 / 9

C.R.P.Nos.

I.A.Nos.

F.S.C.Nos.

Date of the F.S.C. Order 4790 of 2012 71 of 2006 26.03.2002 4791 of 2012 152 of 2006 26.03.2002 4792 of 2012 76 of 2006 26.03.2002 4793 of 2012 100 of 2006 26.03.2002 4794 of 2012 104 of 2006 26.03.2002 4795 of 2012 153 of 2006 26.03.2002 4796 of 2012 105 of 2006 26.03.2002 4797 of 2012 149 of 2006 26.03.2002 4798 of 2012 148 of 2006 26.03.2002 4799 of 2012 155 of 2006 26.03.2002 4800 of 2012 156 of 2006 26.03.2002 4801 of 2012 170 of 2006 26.03.2002 4802 of 2012 157 of 2006 26.03.2002 4803 of 2012 171 of 2006 26.03.2002 4804 of 2012 172 of 2006 26.03.2002 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.

4.In the above Civil Revision Petitions, though notices were sent to the respondents and they were duly served and their names have been printed in the cause list, none appeared on their behalf. Page 7 / 9

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 and the applications in I.A.Nos.

62 of 2006, 63 of 2006, 64 of 2006, 65 of 2006, 112 of 2006, 71 of 2006, 152 of 2006, 76 of 2006, 100 of 2006, 104 of 2006, 153 of 2006, 105 of 2006, 149 of 2006, 148 of 2006, 155 of 2006, 156 of 2006, 170 of 2006, 157 of 2006, 171 of 2006 and 172 of 2006 are allowed. The Civil Revision Petitions are allowed. No costs.

Index : Yes / No 25.11.2019 Speaking / Non Speaking Order va Page 8 / 9

M.DURAISWAMY, J.

va To The Additional District Judge, Fast Track Court, Namakkal.

C.R.P.(NPD).Nos. 4785 to 4804 of 2012 25.11.2019 Page 9 / 9