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Madras High CourtWP Crl.(MD)/1296/2026disposed of

Moorthy v. State Of Tamilnadu Rep By Superintendent Of Police, Thanjavur District.

2026-04-30Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI & W.M.P.Crl.(MD)No.436 of 2026 Moorthy ... Petitioner Vs.

1.State of Tamil Nadu rep., by its The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

3.The Tahsildar, Pattukottai Taluk, Thanjavur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents 1 and 2 to provide adequate police protection for the purpose of conducting survey, demarcation and put up fencing in respect of the petitioner's lands comprised in Town Survey No.17/1, 16/2 and 18/8 situated in Ward C, Block No.29, Pattukottai Town, Pattukottai Taluk, Thanjavur District based on the requisition made by the third respondent in Na.Ka.No.352 /2023 dated 06.02.2026 seeking police protection within a time frame to be fixed by this Court. 1/6

For Petitioner : Mr.G.Anto Prince For R1 & R2 : Mr.S.Ravi Additional Public Prosecutor For R3 : Mr.C.Satheesh Government Advocate (civil)

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 and 2 to provide adequate police protection for the purpose of conducting survey, demarcation and put up fencing in respect of the petitioner's lands comprised in Town Survey No.17/1, 16/2 and 18/8 situated in Ward C, Block No.29, Pattukottai Town, Pattukottai Taluk, Thanjavur District based on the requisition made by the third respondent in Na.Ka.No.352 /2023 dated 06.02.2026 seeking police protection within a time frame to be fixed by this Court.

2. The Writ Petition is disposed of with the following directions:- (I) The petitioner is directed to submit his application in online mode. The survey authority will scrutinize if the application submitted by the petitioner is in order.

(II) The petitioner will have to enclose all the relevant documents such as patta.

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(III) The survey authority will issue notice to the writ petitioner, as well as the adjacent land owners and also to the interested persons, if any.

(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered. (V) If according to the jurisdictional authority, the objections are without any basis, the same shall be overruled and the objectors shall be informed accordingly. But the survey will be conducted only after a period of six weeks so that the objectors can move the concerned Court for injunction. If before the proposed date of survey, the objectors are unable to obtain any injunction order, the survey can very well go on.

(VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of.

(VII) If the jurisdictional authority finds objections to be having substance, then, he shall call upon the applicants to move the jurisdictional civil Court for agitating their rights. 3/6

(VIII) The instant case is filed particularly seeking police protection for the conduct of survey. In this regard, if required, the respondent police is directed to afford necessary police protection on payment of necessary charges in terms of GO.Ms.No.139, Home (Pol-VIII) Department, dated 04.03.2019.

(IX) The survey authority will conclude the entire exercise one way or the other within a period of six weeks after service of notice on the interested persons.

(X) A copy of the survey report along with sketch will be served on the parties.

It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioners.

Consequently, connected Miscellaneous Petition is closed. 30.04.2026 NCC : Yes / No Index : Yes / No Rmk 4/6

TO:- 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

3.The Tahsildar, Pattukottai Taluk, Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Rmk Order made in & W.M.P.Crl.(MD)No.436 of 2026 Dated 30.04.2026 6/6