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Madras High CourtCRP/3994/2013allowed

District Forest Officer v. Palani

2019-11-20Honourable Mr Justice M.Duraiswamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2019 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY C.R.P. (NPD) Nos.3994, 3996, 3997, 4001, 4005 to 4011, 4013 to 4015 of 2013 1.District Forest Officer, Salem and Namakkal.

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

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

Palani ... Respondent in CRP (NPD) No.3994 of 2013 Manimekalai ... Respondent in CRP (NPD) No.3996 of 2013 Kasi ... Respondent in CRP (NPD) No.3997 of 2013 Unnamalai ... Respondent in CRP (NPD) No.4001 of 2013 Kuppusamy ... Respondent in CRP (NPD) No.4005 of 2013 Periyasamy ... Respondent in CRP (NPD) No.4006 of 2013 Alagappan ... Respondent in CRP (NPD) No.4007 of 2013 Rajammal ... Respondent in CRP (NPD) No.4008 of 2013 Selvaraj ... Respondent in CRP (NPD) No.4009 of 2013 Thirumalayaye ... Respondent in CRP (NPD) No.4010 of 2013 Periyasamy ... Respondent in CRP (NPD) No.4011 of 2013 Balakrishnan ... Respondent in CRP (NPD) No.4013 of 2013 Periyasamy ... Respondent in CRP (NPD) No.4014 of 2013 Kuppa Gounder ... Respondent in CRP (NPD) No.4015 of 2013 Page 1 / 8

Prayer in CRP (NPD) No.3994 of 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.789 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.3996 of 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.380 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.3997 of 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.450 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4001 of 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.510 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4005 of 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.717 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4006 of 2013 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional Page 2 / 8

District Judge, Fast Track Court, Namakkal in I.A.No.718 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4007 of 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.724 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4008 of 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.725 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4009 of 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.727 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4010 of 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.730 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4011 of 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.747 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

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Prayer in CRP (NPD) No.4013 of 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.750 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4014 of 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.755 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

Prayer in CRP (NPD) No.4015 of 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.758 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

For Petitioners : Ms.Thangavadhana Balakrishnan Additional Government Pleader(F) in all Civil Revision Petitions For Respondents : No Appearance in all CRPs C O M M O N O R D E R Challenging the fair and final orders dated 23.06.2011 passed in Interlocutory Applications in I.A. Nos.789, 380, 450, 510, 717, 718, 724, 725, 727, 730, 747, 750, 755 and 758 of 2006 in Unnumbered C.M.A. of 2006, on the file of the Additional District Judge, Fast Track Court, Namakkal, the petitioners Page 4 / 8

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 3994/2013 789/2006 236/2002 26.03.2002 3996/2013 380/2006 398/2002 27.03.2002 3997/2013 450/2006 468/2002 27.03.2002 4001/2013 510/2006 529/2002 27.03.2002 4005/2013 717/2006 824/2002 27.05.2002 4006/2013 718/2006 825/2002 27.05.2002 4007/2013 724/2006 831/2002 27.05.2002 4008/2013 725/2006 832/2002 27.05.2002 4009/2013 727/2006 841/2002 27.05.2002 4010/2013 730/2006 844/2002 27.05.2002 4011/2013 747/2006 863/2002 03.06.2002 4013/2013 750/2006 866/2002 03.06.2002 4014/2013 755/2006 871/2002 03.06.2002 4015/2013 758/2006 874/2002 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 Page 5 / 8

the appeals.

4.The notices sent to the respondents were duly served and their names have been printed in the cause list, however, 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 and the applications in I.A. Nos.789, 380, 450, 510, 717, 718, 724, 725, 727, 730, 747, 750, 755 and 758 of 2006 are allowed. Consequently, these Civil Revision Petitions are allowed. No costs.

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mkn Index : Yes / No Internet : Yes / No Speaking order / Non Speaking Order To The Additional District Judge, Fast Track Court, Namakkal.

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M.DURAISWAMY , J.

mkn 4005 to 4011, 4013 to 4015 of 2013 20.11.2019 Page 8 / 8