ORDER

The Writ Petition is directed against the order dated 11.01.2021, passed by the first respondent confirming the order dated 28.08.2018 passed by the second respondent.

2. The case of the petitioners is that the lands measuring an extent of 88 cents in S.F.No.160/1B of Thachamozhi Village, Sathankulam, Thoothukudi District originally belonged to Anthiramudiyar Nadar, father-in-law of the first petitioner and the grandfather of the petitioners 2 to 5, vide sale document No.1078/1980, that the said Anthiramudiyar Nadar had a wife by name Sornammal and five sons namely Sakthivel, Shanmugavel, Sankaravadivel, Velayudham and Sundaravadivel and a daughter namely Saraswathi, that the petitioners are the legal heirs of the said Shanmugavel who died intestate on 14.11.2006, that during the life time of Anthiramudiyar Nadar and his sons entered into a oral partition in the year 1987 with respect to the property in dispute and the other ancestral properties, that the said oral partition was later reduced into writing vide unregistered partition dated 27.12.1991, that the said Shanmugavel was alloted an extent of 44 cents out of 88 cents in S.F.No. 160/1B and the remaining 44 cents was allotted to Sundaravadivel, that the said Anthiramudiyar Nadar has confirmed the execution of the unregistered partition deed dated 27.12.1991 in the sale deed dated 02.02.1994 executed in favour of one Mariyarani and in the Will dated 26.05.2000 executed jointly by Anthiramudiyar Nadar and his wife Sornammal, that during the life time of Shanmugavel, his brother Sundaravadivel sold his share of 44 cents orally in favour of Shanmugavel, after receing the consideration and hence, the said Shanmugavel was in peaceful possession and enjoyment of the entire extent 88 cents since 2005, that after the death of the said Shanmugavel, the petitioners have been in peaceful possession and enjoyment of the property and that mutation in the revenue records came to be effected and new patta bearing No.31 was issued on 17.12.2013.

3. It is the further case of the petitioners that the third respondent –

wife of the said Sankaravadivel has claimed right to the subject matter of the property through settlement deed dated 27.06.2013 alleged to have been executed by the said Sankaravadivel and caused a representation to the second respondent dated 11.07.2016, that the second has initiated proceedings and passed an order dated 28.08.2018 wherein by declaring that the documents produced by the petitioners are fraudulent one, that the petitioners, aggrieved by the said order of the second respondent, preferred an appeal before the first respondent, that the petitioners have also filed a suit in O.S.No.98 of 2018 before the District Munsif, Sathankulam and the same is pending and that the first respondent, without considering the pendency of the suit and without taking note of the objections raised by the petitioners, has passed the impugned order dated 11.01.2021, confirming the order passed by the second respondent, dated 28.08.2018.

4. The case of the third respondent is that Anthiramudiyar Nadar, who was owning 88 cents of land in S.No.160/1 has executed a settlement deed in favour of his son Sankaravadivel, that the said Sankaravadivel who got the said property, executed a settlement deed in favour of his wife Jegajothi-third respondent, that the third respondent has filed an appeal before the second respondent challenging the transfer of patta made by the Tahsildar, Sathankulam with regard to S.Nos. 160/1B, 160/1C of Thachamozhi Village, that the second respondent, without conducting any enquiry, has passed an order dated 29.06.2018 directing the Tahsildar, Sathankulam to restore the patta to its original position, that the petitioners had preferred a revision before the Additional Collector (Revenue), Thoothukudi and the revisional authority, after hearing the parties and on perusing the records, rejected the revision and thereby confirmed the order passed by the second