The State Of Tamil Nadu vs N.Ganesan (Died)
2023 Latest Caselaw 3972 Mad

                                                                         S.A.(MD)No.SR35894 of 2005

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 10.04.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                            C.M.P.(MD)No.4120 of 2023
                                                       in
                                           S.A.(MD)No.SR35894 of 2005
                                          & S.A.(MD)No.SR35894 of 2005

                     The State of Tamil Nadu,
                     Rep. by its District Collector,
                     Kanyakumari District at Nagercoil.                        ... Appellant

                                                        /Vs./
                     1.N.Ganesan (Died)
                     2.G.Rajesh                                                ... Respondents
                     (R2 is brought on record as the legal heir of the deceased first respondent
                     as per order dated 02.11.2018 in C.M.P.(MD)No.3948 to 3950 of 2017.)


                     PRAYER in C.M.P.(MD)No.4120 of 2023: Petition filed under Section 5
                     of the Limitation Act, to condone the delay of 480 days in filing the
                     Second Appeal.


                     PRAYER in S.A.(MD)No.SR35894 of 2005: Second Appeal filed under
                     Section 100 of the Civil Procedure Code to set aside the judgment and


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                                                                                S.A.(MD)No.SR35894 of 2005

                     decree passed in A.S.No.29 of 2003, on the file of the Principal Sub
                     Court, Nagercoil dated 05.03.2004, confirming the judgment and decree
                     passed in O.S.No.414 of 1991 on the file of the Additional Munsif Court,
                     Nagercoil, dated 27.06.2002.


                                        For Appellant      : Mrs.J.Jeyapriya
                                                           Government Advocate
                                        For Respondents : Mr.G.Mohan Kumar (R2)




                                                          JUDGMENT

This Civil Miscellaneous Petition has been filed by the State,

seeking to condone the delay of 480 days in filing the Second Appeal.

The parties are described as per their litigative status in the suit.

2. The plaintiff is the State, who had filed a suit for recovery of a

sum of Rs.14,100/- before the Additional District Court, Nagercoil,

together with interest in respect of the trees alleged to have been cut by

the defendant illegally. The said suit was dismissed by the trial Court on

the ground that the suit is barred by limitation. Aggrieved by the same,

https://www.mhc.tn.gov.in/judis S.A.(MD)No.SR35894 of 2005

the plaintiff filed an appeal before the Principal Sub Court, Nagercoil in

A.S.No.29 of 2003. The lower appellate Court also dismissed the first

appeal on 05.03.2004 confirming the judgment and decree passed by the

trial Court in O.S.No.414 of 1991. Aggrieved by the concurrent findings

of the Courts below, the plaintiff has filed this Second Appeal.

3. In paragraph No.2 of the affidavit filed in support of this civil

miscellaneous petition, the only reason given by the plaintiff is that since

coastal areas of Kanyakumari District were badly affected by Tsunami

and most of the revenue officials were fully engaged in Tsunami relief

acts, the plaintiff could not file the appeal on time. The delay, that is

sought to be condoned is an inordinate delay of 480 days. No sufficient

reasons have been given by the plaintiff for condoning such an inordinate

delay and further no documentary evidence is also produced to

substantiate the reasons for the delay.

4. This Court also takes note of the fact that the suit has been filed

by the plaintiff against the defendant only for recovery of a sum of Rs.

14,100/- together with interest on the allegation that the defendant had

https://www.mhc.tn.gov.in/judis S.A.(MD)No.SR35894 of 2005

cut trees illegally. Both the Courts below have concurrently held that the

suit is barred by limitation and the plaintiff is not entitled for the suit

relief. The suit is of the year 1991. No useful purpose will be served, if

this civil miscellaneous petition is entertained now.

5. Apart from the plaintiff having not given convincing reasons for

condoning the inordinate delay of 480 days in filing this second appeal,

this Court has given due consideration to the fact that the suit is of the

year 1991 and the said suit was filed only for recovery of a meagre sum

of Rs.14,100/-, which has also been concurrently rejected by the Courts

below on the ground of limitation. Hence, this Court does not deem it fit

to entertain this civil miscellaneous petition. Accordingly, there is no

merit in this Civil Miscellaneous Petition and the same is dismissed.

Consequently, the Second Appeal is also dismissed in the SR stage itself.

There shall be no order as to costs.

                                                                                  10.04.2023
                     Index          : Yes / No
                     NCC            : Yes / No
                     Sm


https://www.mhc.tn.gov.in/judis
                                                                   S.A.(MD)No.SR35894 of 2005




                     TO:

                     1.The Principal Sub Court, Nagercoil.

2.The Additional Munsif Court, Nagercoil.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.SR35894 of 2005

ABDUL QUDDHOSE, J.

Sm

Judgment made in C.M.P.(MD)No.4120 of 2023 in S.A.(MD)No.SR35894 of 2005 & S.A.(MD)No.SR35894 of 2005

Dated:

10.04.2023

https://www.mhc.tn.gov.in/judis