RAJAGOPAL Vs. TAHSILDAR

JUDGEMENT

(1.) The petitioner seeks a survey of the properties in Survey Nos. 185/1, 185/2 and 185/3 at Karungulam Village, Radhapuram Taluk, Tirunelveli District.

(2.) The petitioner traces title to the said properties to his grandfather Thangapandi Nadar, who is said to have been purchased the said properties under three registered sale deeds bearing Document Nos.2759, 1920 and 2046 of 1920. Thereafter, it is stated that his grandfather partitioned the said properties in favour of the legal heirs under a registered partnership deed bearing Document No.3222/1960. According to the petitioner, he and his brother acquired title to the property bearing Survey No.185/2 and also obtained Patta No.805 in respect thereof. It is stated that the other properties were allotted to his cousin Adithan and one Thangam and his daughter Backiyalakshmi. The petitioner intended to survey the property and fix the boundaries thereof so as to prevent encroachment. For such purpose, an application was submitted and requisite fee was paid. However on account of the failure of the respondents to initiate action thereon, the present writ petition is filed.

(3.) Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the representation of the petitioner may be considered and disposed of on merits as regards the property for which the petitioner has a joint patta.