R. RATHINA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The present Civil Miscellaneous Petition has been filed seeking to condone the huge and unexplained delay of 372 days in filing of above STA.SR.No.62699 of 2020.

(2.) Mr.John Zachariah, learned Counsel appearing for the petitioner would submit that after the Settlement Officer, Gudalur Janmam Lands, Collectorate, Ootacamund, The Nilgiris, the 2 nd respondent herein, passed an order dated 30.03.2009 rejecting the request of the petitioner to grant Ryotwari Patta under Section 9 of the Tamil Nadu Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 24/69 in respect of O.S.No.171/6B, R.S.No.227/3, 4pt having an extent of 7.50 acres in Gudalur Village, Gudalur Taluk, The Nilgiris District under Section 12(1) of the Act, an appeal was filed in CMA.No.99/2009 within time before the District Judge of Nilgiris and the Jenmam Estate Abolition Tribunal at Ootacumund, The Nilgiris, who also after considering the case of the petitioner, while confirming the order dated 30.03.2009 passed by the 2 nd respondent Settlement Officer, dismissed the appeal filed by the petitioner herein by the impugned judgment and decree dated 19.12.2018. Aggrieved thereby, the petitioner has been advised to file further appeal before this Court. Accordingly, the present Statutory Appeal was filed before this Court.

(3.) Learned Counsel for the petitioner would further submit that after the dismissal of the appeal by the District Judge of Nilgiris and the Jenmam Estate Abolition Tribunal at Ootacumund, The Nilgiris, a Statutory Appeal has to be filed within 90 days. But the petitioner has filed the appeal before this Court only on 22.09.2020 as the copy application for the order passed in CMA.No.99/2009 dated 19.12.2018 was applied only on 01.07.2020 which was made ready on 06.07.2020 and delivered on 07.07.2020. Further, since the issue regarding the lands falling within the ambit of Section 17 of Gudalur Jenmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 is being agitated by the Association in which the petitioner is also one of the members before the Apex Court in W.P.(C ) No.202/1995 and the issue was also pending before the Apex Court, it was felt that the orders passed by the Apex Court would have a direct bearing on any appeal that may be filed before this Court, therefore, the petitioner has applied for copy application belatedly and thereafter, this STA.SR.62699/2020 has been filed on 14.12.2020 before this Court with a delay of 372 days. Therefore, the delay is neither willful nor wanton, but only due to the aforesaid reason. Hence, the delay of 372 days in preferring the appeal before this Court may be condoned, it is pleaded. Learned Counsel would also submit that if this Court feels that with any terms, the delay may be condoned, the petitioner would also abide by the same.