Dismissed

District Forest Officer v. Vaiyapuri

Madras HC21 Nov 2019CRP/4895/2011

Case brief

AI extract

What is this about?

This is a common order dismissing four civil revision petitions filed under Article 227. The High Court allowed the petitions and set aside the impugned order of the Additional District Judge, Namakkal. The court condoned the significant delay in filing appeals by relying on a precedent where identical facts were addressed.

What did the court decide?

The impugned orders dated 23.06.2011 were set aside and the interlocutory applications (I.A. Nos. 21/2006, 27/2006, 32/2006, 40/2006) were allowed along with the civil revision petitions.

District Forest Officer Vs Vaiyapuri — Civil Procedure and Limitation | Madras HC (2019)

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C.R.P.(NPD) Nos. 14895, 4900, 4901 and 4906 of 2011

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.11.2019

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CORAM :

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THE HON'BLE MR. JUSTICE M.DURAISWAMY
C.R.P.(NPD) Nos. 4895, 4900, 4901 and 4906 of 2011
1. District Forest Officer,
Salem and Namakkal.
2. State of Tamil Nadu,
Rep. By District Collector,
Namakkal. ... Petitioners in all C.R.Ps
v.
Vaiyapuri ... Respondent in C.R.P.Nos.4895 &
4900/2011
Kaliyan ... Respondent in C.R.P.No.4901/2011
Varadaraju ... Respondent in C.R.P.No.4906/2011

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C.R.P.No.4895/2011 : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Additional

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http://www.judis.nic.in Page 1 / 6

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C.R.P.(NPD) Nos. 14895, 4900, 4901 and 4906 of 2011

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District Judge, Fast Track Court, Namakkal in I.A.No.21 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

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C.R.P.No.4900/2011 : 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.27 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

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C.R.P.No.4901/2011 : 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.32 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

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C.R.P.No.4906/2011 : 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.40 of 2006 in Unnumbered C.M.A. of 2006, dated 23.06.2011.

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For Petitioners : Ms.Thangavadhana Balakrishnan Additional Government Pleader(F)

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For Respondents : No Appearance in all CRPs

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http://www.judis.nic.in Page 2 / 6

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C.R.P.(NPD) Nos. 14895, 4900, 4901 and 4906 of 2011

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COMMON ORDER

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Challenging the fair and final orders dated 23.06.2011

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passed in Interlocutory Applications in I.A. Nos. 21/2006 27/2006, 32/2006 and 40/2006 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.

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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

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Forest Settlement Officer are tabulated as follows:-

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C.R.P.Nos.	I.A.Nos.	F.S.C.Nos.	Date of the F.S.C. Order
4895/2011	22/2006	22/2002	26.03.2002
4900/2011	27/2006	28/2002	26.03.2002
4901/2011	32/2006	33/2002	26.03.2002
4906/2011	40/2006	41/2002	26.03.2002

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http://www.judis.nic.in Page 3 / 6

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C.R.P.(NPD) Nos. 14895, 4900, 4901 and 4906 of 2011

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In the affidavit filed in support of the applications, the

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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.

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Though notices sent to the respondents were duly served and

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their names have been printed in the cause list, none appeared on their behalf.

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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.

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Since the facts leading to the filing of these Civil Revision Petitions are identical to the batch of Civil Revision Petitions, which were

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http://www.judis.nic.in Page 4 / 6

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C.R.P.(NPD) Nos. 14895, 4900, 4901 and 4906 of 2011

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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. 21/2006 27/2006, 32/2006 and 40/2006

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are allowed. The Civil Revision Petitions are allowed. No costs.

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21.11.2019
Index : Yes / No
Speaking order / Non Speaking Order
Rj
To
The Additional District Judge,
Fast Track Court,
Namakkal.

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http://www.judis.nic.in Page 5 / 6

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C.R.P.(NPD) Nos. 14895, 4900, 4901 and 4906 of 2011

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M.DURAISWAMY, J.

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C.R.P.(NPD) Nos. 4895, 4900, 4901 and 4906 of 2011
21.11.2019

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http://www.judis.nic.in Page 6 / 6

District Forest Officer v. Vaiyapuri

Case brief

What is this about?

What did the court decide?

District Forest Officer v. Vaiyapuri

Case brief

What is this about?

What did the court decide?

What the court decided

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