2015 (2) TMI 1309

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....9 and 3060 of Ponmana Village in the District of Kanyakumari, Tamil Nadu. The suit was contested by the defendant but eventually decreed by the trial court in favour of the plaintiffs. Aggrieved, the State preferred an appeal before the District Court at Kanyakumari which too failed and was dismissed by the said court. Second Appeal (MD) No. SR 17828 of 2005 was then preferred before the High Court of Madras which came to be transferred to the Madurai Bench of the High Court for hearing and disposal. 4. It is common ground that the appeal before the High Court was filed within the period of limitation prescribed for the same but on account of certain defects in the appeal memorandum and accompanying documents, the papers were returned to c....

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....found to be unsatisfactory by us. This Court noted that engagement of a counsel by the State Government did not necessarily mean that the litigant had proved his diligence in the matter especially when the litigant happened to be a resourceful party like the State Government. It was also observed that an enquiry, into the circumstances leading to an inordinate delay in the re-filing of the appeal papers, was called for especially when the property in-question comprised a large extent of 110.62 acres of land which according to the State was forest land sought to be falsely claimed by the plaintiffs-respondents. Such a huge and valuable piece of property ought to have engaged the attention of the authorities not only in the matter of protecti....

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....of filing of appeals to ensure that such like incidents do not recur in future. It was contended that although the enquiry report does not suggest any dereliction on the part of any higher officer in the State Government, this Court could examine that aspect by directing a further enquiry by the enquiry officer or independently to ensure whether those responsible for such an inordinate delay, as was noticed in the present case, do not escape punishment. It was on that basis submitted by Mr. Prasad that this Court could, in the circumstances of the case especially the fact that the appeal had been filed within the period of limitation prescribed, condone the delay in the re-presentation of the papers subject to payment of costs if any consid....

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....mes apply stricto sensu to the action or inaction of the State. That apart the enquiry conducted by the Registrar (Vigilance) of the High Court has not in the instant case suggested any collusion at the level of the State Government. 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. This was mainly because the officers concerned do not appear to have acted diligently. There is no gainsaying that the two range officers who have been indicted in the enquiry report were themselves under the supervisory control of higher officers who ought to have looked into the matter and ensured that the....