STATE OF TAMIL NADU Vs. E. SHANMUGAM

JUDGEMENT

(1.) The above application is filed for condoning the delay of 202 days in filing the Review Application.

(2.) Though the delay may not be very significant however the conduct of the State in the matter has forced this Court to pass the following order: From the records, particularly, the counter of the respondent/revision petitioner (contents of which has not been refuted by the petitioners), it is seen that the order copy in C.R.P.(NPD).No.3112 of 2010 was forwarded to the 1st petitioner, who received it on 13.10.2018 and the 2nd petitioner on 15.10.2018. However, neither a reply nor a compliance of the order of this Court. Thereafter, a contempt notice had been sent by the revision petitioner on 19.11.2018 which was also received by the respondent on 24.11.2018. Thereafter, Cont.P.No.231 of 2019 was filed by the revision petitioner/respondent herein on 21.01.2019. When the matter had come up for hearing on 11.02.201, this Court directed the learned counsel for the petitioner to serve notice on the Government Advocate, returnable by 18.02.2019. On 18.02.2019, when the matter was listed, the learned Government Advocate represented to the Court that he would direct the respondent in C.R.P.No.3112 of 2010 to comply with the orders of this Court dated 27.08.2018. The matter was adjourned to 04.03.2019 for reporting compliance. On 04.03.2019, since compliance was not reported as submitted on 18.02.2017, this Court has passed the following orders: This Court by an order dated 27.08.2018 had passed the following orders: In the result, this Civil Revision petition is allowed and the order of the learned District Munsif, Tiruttani in E.P.No.4 of 2009 dated 17.03.2010 is set aside. The respondents are directed to rectify the patta in respect of Survey No.155/1B of Sathrunjayapuram village, Thiruttani Taluk by granting Patta to the revision petitioner for the entire extent of 1.80 Acres in keeping with the decree in O.S.No.413 of 1991 within a period of one month from the date of receipt of a copy of this order. However, there shall be no order as to costs. ?

(3.) Thereafter, when the matter was listed on 02.04.2019, the Tahsildar of Thirutani Town, Thiruvallur District, had appeared before this Court and Mr.P.H. Aravind Pandian, learned Additional Advocate General had requested time for appearance of the District Collector, Thiruvallur District and the matter was adjourned to 23.04.2019. On 23.04.2019, the District Collector was present before this Court and the learned Additional Advocate General sought time to make his submissions. The appearance of the District Collector, Thiruvallur District, was dispensed with. Thereafter, the matter was directed to be listed on 26.04.2019. It is seen that it was only after the District Collector was issued with the statutory notice, the State has come forward to file the Review Application on 15.04.2019.