Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 02.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH C.R.P. (NPD) No. 64 of 2015 and M.P. No. 1 of 2015 Elumalai

...Petitioner

Vs

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Tasildhar, Thiruvannamalai Taluk, Thiruvannamalai.

4. The Secretary, Milk Producers Cooperative Society, Thiruvannamalai.

...Respondents

PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code to set aside the fair and decretal order dated 06.08.2014 in I.A.No.588 of 2013 in O.S.No.8 of 2009 on the file of the learned Principal District Munsif, Thiruvannamalai.

For Petitioner : Mr.G.Rajan For Respondents : Mr.M.Sricharan Rangarajan Spl. Govt. Pleader (Crl. Side) for R1 to R3 Mr.C.Prakasam for R4

O R D E R

The prayer sought for in the revision petition is to set aside the fair and decretal order dated 06.08.2014, made in I.A.No.588 of 2013 in O.S.No.8 of 2009 on the file of the learned Principal District Munsif, Thiruvannamalai.

2. The only reason assigned by the petitioner herein before the trial Court seeking to condone the delay of 565 days is that, he was afflicted with fever and illness.

3. In my view, the medical ailment of fever and illness cannot be a substantial cause to justify the delay of 565 days. No medical records have been produced before the trial Court to substantiate the petitioner's medical illness and as such, I do not find any infirmity in the order of the trial Court.

4. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 02.01.2019 Index:Yes/No Speaking order: Yes/No hvk

M.S.RAMESH.,J hvk C.R.P. (NPD) No. 64 of 2015 and M.P. No. 1 of 2015 02.01.2019