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Madras High CourtCRP/3992/2013allowed

District Forest Officer v. Perumayee

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. 3992, 3993, 3995, 3998, 3999, 4000 4002, 4003, 4004 and 4012 of 2013

1. District Forest Officer, Salem and Namakkal.

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

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

Perumayee ... Respondent in C.R.P.No.3992/2013 Mani ... Respondent in C.R.P.No.3993/2013 Ponnusamy ... Respondent in C.R.P.No.3995/2013 Manickam ... Respondent in C.R.P.No.3998/2013 Arunachalam ... Respondent in C.R.P.No.3999/2013 Paramasivam ... Respondent in C.R.P.No.4000/2013 Subramani ... Respondent in C.R.P.No.4002/2013 Page 1 / 8

Sarasu ... Respondent in C.R.P.No.4003/2013 Periyasamy ... Respondent in C.R.P.No.4004/2013 Govindaraj ... Respondent in C.R.P.No.4012/2013 C.R.P.No.3992/2013 : 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.218 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.3993/2013 : 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.226 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.

3995/2013 : 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.231 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.3998/2013 : 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.465 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

C.R.P.No.3999/2013 : 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.501 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.4000/2013 : 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.504 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.4002/2013 : 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.518 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.

4003/2013 : 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.544 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. C.R.P.No.4004/2013 : 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.596 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

C.R.P.No.4012/2013 : 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.749 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011. 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 218, 226, 231, 465, 501, 504, 518, 544, 596 and 749 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 3992/2013 218/2006 226/2002 26.03.2002 3993/2013 226/2006 234/2002 26.03.2002 3995/2013 231/2006 239/2002 26.03.2002 3998/2013 465/2006 483/2002 27.03.2002 3999/2013 501/2006 520/2002 27.03.2002 4000/2013 504/2006 523/2002 27.03.2002 4002/2013 518/2006 537/2002 27.03.2002 4003/2013 544/2006 564/2002 27.03.2002 4004/2013 596/2006 616/2002 27.03.2002 4012/2013 749/2006 865/2002 03.06.2002

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 218, 226, 231, 465, 501, 504, 518, 544, 596 and 749 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.

Page 7 / 8

M.DURAISWAMY, J.

Rj C.R.P.(NPD) Nos. 3992, 3993, 3995, 3998, 3999, 4000, 4002, 4003, 4004 and 4012 of 2013 27.11.2019 Page 8 / 8