9911796707
TMI Blog2015 (2) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... What appears to have actually happened is that the appeal papers were presented within the time but repeatedly re-presented without fully removing the defects, in which process there was considerable delay. The report no doubt confines the charge of dereliction to the two range officers, mentioned earlier. We are of the view that the range officers being themselves under the supervisory control of their higher officers the latter were as much responsible for ensuring that the former perform their duties diligently. The enquiry report has not gone into that aspect. The Secretary, Department of Environment and Forest, Government of Tamil Nadu, shall call for an explanation of the officers who were, during the relevant period, supervising the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant-State for rectification and representation. The return of the papers was taken by counsel for the appellant-State but the same appear to have been re-presented without doing the needful. That process it appears continued over a period of time resulting in a delay of 3412 days in the re-presentation of the second appeal papers. An application for condonation of the delay was in the above backdrop filed before the High Court by the appellant-State but the same was declined by the High Court in terms of the order impugned in this appeal. The High Court was of the view that there was no cogent or acceptable reason forthcoming from the application for condoning such an inordinate delay in the refiling of the papers, after removal of the defe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny fake claim by any third party but also in the matter of pursuing the litigation before the higher courts in an appropriate manner and diligently. We had in that view directed Registrar (Vigilance), High Court of Madras, to conduct an enquiry into the circumstances leading to the inordinate delay in refiling of the appeal papers before the High Court and authorised the enquiry officer to examine the relevant records, summon witnesses and record their depositions. 6. The Registrar (Vigilance) has pursuant to the above direction not only conducted an enquiry but submitted a detailed report, from a reading whereof it appears that the entire blame, for the delay in the re-presentation of papers and removal of defects, has been placed upon tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and remit the matter back to the High Court for hearing the appeal on merits. 8. On behalf of the respondents-plaintiffs it was argued by Mr. A.D.N Rao that the neglect on the part of the officers of the State Government for removal of the defects and in re-presentation of the papers within a reasonable time should not work to the prejudice of the plaintiffs-respondents. It was further submitted that there was nothing on record to suggest that the plaintiffs were privy to any dereliction by any officer so as to warrant an order of condonation of the delay. It was submitted that if the matter is remitted back to the High Court it would take a few years for the court to dispose of the matter on merits thereby delaying grant of relief to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in time. Suffice it to say, we are in the light of the enquiry report submitted by the Registrar (Vigilance) inclined to condone the delay no matter inordinate in its length. We, however, do so subject to payment of costs of ₹ 50,000/- (Rupees Fifty Thousand) which amount shall be deposited in the Advocates' Welfare Fund, if there is any, failing which with the High Court Legal Services Committee. 10. Having said that, we consider it necessary to take the process of identifying those responsible for the delay to its logical conclusion. The report no doubt confines the charge of dereliction to the two range officers, mentioned earlier. We are of the view that the range officers being themselves under the supervisory control of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
