Fathima Bi v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.29606 of 2024

1. Fathima Bi

2. Jehara Bi

3. Bibi Jan ...Petitioners Vs.

1. The District Revenue Officer, Krishnagiri District, Krishnagiri.

2. The Sub Collector, Krishnagiri District, Krishnagiri.

3. Abdul Rahim Sahib

4. Jarina Bi

5. Rihana

6. Nivaz ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent herein to dispose of the appeal dated 12.08.2024 filed by the petitioner challenging the proceedings of the second respondent herein in Mu.Mu.3992/2021/A3 dated 20.07.2023 in accordance with law and within the stipulated period. For Petitioner : Mr.K.Govi Ganesan For R1 & R2 : Mr.P.Sathish Additional Government Pleader 1/5

O R D E R

The petitioners herein seek a direction to the first respondent to dispose of the appeal dated 12.08.2024 filed by them, challenging the order dated 20.07.2023 passed by the second respondent.

2. By consent of both the learned counsel appearing for the petitioners as well as respondents 1 & 2, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioners that the property measuring an extent of 1.01.0 hectares in survey No.622/2, situated at Panchatchipuram Village, Hosur Taluk, Krishnagiri District was originally belonged to the petitioners' father Syed Sahib and he executed a Will on 06.05.1994 bequeathing the property in favour of the petitioners. After the death of the petitioners' father on 21.10.2002, the petitioners claim right over the above mentioned property based on the Will executed by their father. It is further stated that the computer patta in respect of the said property was issued in the name of the private respondents without considering the petitioners' right over the same and 2/5

hence, the petitioners submitted a representation seeking rectification of the mistake that had crept-in in the revenue records and the same was rejected by the second respondent. Aggrieved by the same, the petitioners filed an appeal before the first respondent on 12.08.2024 and the same has not been considered, till date. Therefore, the petitioners are before this court.

4. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 & 2 would submit that the appeal filed by the petitioners would be considered on its own merits and appropriate orders will be passed, within a stipulated time fixed by this Court.

5. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioners, this Court is inclined to issue a direction to the first respondent to dispose of the appeal filed by the petitioners and pass final orders, after issuing notice to the petitioners as well as the private respondents 3 to 6 and any other interest parties, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

14.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The District Revenue Officer, Krishnagiri District, Krishnagiri.

2. The Sub Collector, Krishnagiri District, Krishnagiri.

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S. SOUNTHAR, J.

av W.P No.29606 of 2024 14.10.2024 (1/2) 5/5