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Madras High CourtCRP/4017/2013allowed

District Forest Officer v. Kaliammal

2019-10-03Honourable Mr Justice M.Duraiswamy9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2019 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY 4037, 4039 and 4048 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.

Kaliammal ... Respondent in C.R.P.4017/2013 Anandhan ... Respondent in C.R.P.4019/2013 Bakiyam ... Respondent in C.R.P.4020/2013 Prabakaran ... Respondent in C.R.P.4021/2013 Thangammal ... Respondent in C.R.P.4022/2013 Rajathiee ... Respondent in C.R.P.4023/2013 Manickam ... Respondent in C.R.P.4024/2013 Chinnadurai ... Respondent in C.R.P.4025/2013 Chakaravarthy ... Respondent in C.R.P.4026/2013 Sumathi ... Respondent in C.R.P.4027/2013 Marimuthu ... Respondent in C.R.P.4028/2013 Manickam ... Respondent in C.R.P.4029/2013 Thangaraj ... Respondent in C.R.P.4031/2013 Page 1 / 9

Mohan ... Respondent in C.R.P.4032/2013 Mani ... Respondent in C.R.P.4033/2013 Karupannan ... Respondent in C.R.P.4034/2013 Chinnappa Gounder ... Respondent in C.R.P.4037/2013 Sekar ... Respondent in C.R.P.4039/2013 Sakthivel ... Respondent in C.R.P.4048/2013 C.R.P.No.4017 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.760 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4019 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.773 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4020 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.774 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4021 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.780 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

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C.R.P.No.4022 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.784 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4023 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.786 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4024 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.789 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4025 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.791 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4026 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.796 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4027 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.819 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.4028 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.834 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4029 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.847 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4031 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.871 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4032 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.879 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4033 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.895 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

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C.R.P.No.4034 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.1005 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4037 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.1081 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4039 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.1093 of 2006 in un-numbered CMA on the file of the Additional District Judge, Fast Track Court, Namakkal.

C.R.P.No.4048 of 2013 filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2011 made in I.A.No.855 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 Except in C.R.P.No.4033/2013 - Mr.V.Thirupathi 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.760 of 2006, 773 of 2006, 774 of 2006, 780 of 2006, 784 of 2006, 786 of 2006, 789 of 2006, 791 of 2006, 796 of 2006, 819 of 2006, 834 of 2006, 847 of 2006, 871 of 2006, 879 of 2006, 895 of 2006, 1005 of 2006, 1081 of 2006, 1093 of 2006 and 855 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 4017 of 2013 760 of 2006 03.06.2002 4019 of 2013 773 of 2006 03.06.2002 4020 of 2013 774 of 2006 03.06.2002 4021 of 2013 780 of 2006 03.06.2002 4022 of 2013 784 of 2006 03.06.2002 4023 of 2013 786 of 2006 03.06.2002 Page 6 / 9

C.R.P.Nos.

I.A.Nos.

F.S.C.Nos.

Date of the F.S.C. Order 4024 of 2013 789 of 2006 03.06.2002 4025 of 2013 791 of 2006 03.06.2002 4026 of 2013 796 of 2006 03.06.2002 4027 of 2013 819 of 2006 03.06.2002 4028 of 2013 834 of 2006 10.07.2002 4029 of 2013 847 of 2006 10.07.2002 4031 of 2013 871 of 2006 10.07.2002 4032 of 2013 879 of 2006 10.07.2002 4033 of 2013 895 of 2006 10.07.2002 4034 of 2013 1005 of 2006 1109 of 2002 15.07.2002 4037 of 2013 1081 of 2006 1198 of 2002 30.07.2002 4039 of 2013 1093 of 2006 1211 of 2002 30.07.2002 4048 of 2013 855 of 2006 10.07.2002 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, except in C.R.P.No.4033 of 2013.

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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.

760 of 2006, 773 of 2006, 774 of 2006, 780 of 2006, 784 of 2006, 786 of 2006, 789 of 2006, 791 of 2006, 796 of 2006, 819 of 2006, 834 of 2006, 847 of 2006, 871 of 2006, 879 of 2006, 895 of 2006, 1005 of 2006, 1081 of 2006, 1093 of 2006 and 855 of 2006 are allowed. The Civil Revision Petitions are allowed. No costs.

Index : Yes / No 03.10.2019 Speaking / Non Speaking Order va Page 8 / 9

M.DURAISWAMY, J.

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

4037, 4039 and 4048 of 2013 03.10.2019 Page 9 / 9