Revenue authorities lack jurisdiction to resolve title disputes and must refer such matters to civil courts for adjudication.

ORDER :

1. The petitioners challenge the order dated 30.08.2024 passed by the first respondent in Na.Ka.Kaa5/See.Ma.No.38/2023 and the earlier order dated 30.05.2023 passed by the second respondent Ni.Mu.No.A3/ 479/2023.

2. I have heard Mr.M.P.Senthil, learned counsel for the petitioners, Mr.B.Saravanan, learned Additional Government Pleader for the respondents 1 to 4, Mr.V.Meenakshi Sundaram, learned counsel for the fifth respondent.

3. The learned counsel for the petitioners, Mr.M.P.Senthil, would take me through the averments in the affidavit in support of the writ petition, the various documents filed along with the writ petition by way of typed set of papers and also the order impugned in the writ petition. He would contend that the land measuring 27.94 Acres at Melapalayam village, Palayamkottai Taluk, Tirunelveli District, originally belonged to one Lakshmana Thevar and his brother, viz., Ponnambala Thevar. The said Ponnambala Thevar and his legal heirs executed a sale deed in favour of his brother, viz., Lakshmana Thevar vide document No. 337/1961 dated 27.01.1961. After having become the absolute owner of the entire extent, Lakshmana Thevar has executed a settlement deed in respect of an extent of 4.04 Acres out of total extent of 5.38 Acres in favour of his son Appakutty Thevar @ Sudalaimuthu Thevar vide document No.679/1974 on 30.03.1974. The remaining extent of 1.34 Acres was owned by Sadamuni Thevar @ Sami Thevar. After the demise of Sadamuni Thevar @ Sami thevar, his son, viz., Sengalamudaiyar Thevar became the owner and the revenue records were also mutated in his favour. Subsequent to the death of Sengalamudaiyar Thevar, his legal heirs Esakkiammal and Avvaiyar became entitled to his property. The said Esakkiammal executed a registered mortgage deed in respect of undivided ½ share in favour of Lakshmana Thevar and the said Lakshmana Thevar, in turn made over the mortgage in favour of his son, viz., Appakutty Thevar @ Sudalaimuthu Thevar vide document No. 678/1974 dated 30.03.1974. Subsequently, Appakutty Thevar @ Sudalaimuthu Thevar made over the mortgage in favour the original owner Esakkiammal's husband, viz., Masana Thevar under a registered document No.446/1978 dated 12.04.1978. The first petitioner along with the second petitioner's wife, viz., S.K.Jarina and father viz., V.K.Mohamed Ghouse jointly purchased the above said properties measuring an extent of 5.38 Acres in and by registered sale deeds in the year 1997. Subsequent to the purchase, the petitioners have mutated the revenue records in their name. Subsequently, in the year 1998, the fifth respondent and his mother, viz., Meenakshiammal attempted to interfere with the peaceful possession and enjoyment over the portions of the property comprised in Survey Nos.59/1, 59/3 and 60/2 based on a sale deed dated 19.08.1930 registered as document No.2323/1930 and the settlement deed dated 27.02.1967 registered as document No.587/1967. According to the petitioner, the fifth respondent as well as his mother, Meenakshiammal have no title to the subject lands and in order to avoid litigation, the first petitioner and his two partners, entered into a deed of undertaking dated 06.10.1998, in and whereby the fifth respondent and his mother Meenakshiammal accepted title of the first respondents and the other two partners and handed over the original documents in their custody. It is the further case of the petitioner that portion of the entire 5.38 Acres to an extent of 3.05 Acres was leased out by the first petitioner in favour of the As.Sathiw Educational Society for a period of 50 years. The case of the petitioners is that the Society has established a Women's College, viz., Annai Hajira Women's College, after getting proper approval from DTCP and the property is under the absolute possession and enjoyment of the said Society.

4. The learned counsel for the petitioners would submit that all necessary permissions have been obtained and are in place in favour of the S