D.Jothi Venkatesan v. The Tahsildhar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI D.Jothi Venkatesan ... Petitioner Vs.
1.The Tahsildhar, 2.The Taluk Head Surveyor, 3.The Superintendent of Police, Pudukkottai District, Pudukkottai.
4.The Inspector of Police, Viralimalai, Police Station, Pudukkottai District, Pudukkottai.
5.P.Velu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 3rd and 4th respondents to give police protection for the Survey to be conducted with respect to the petitioner's 1/6
land in S.F.No.190/30 situated at Viralimalai Village, Pudukkottai District based on his representation dated 01.11.2025. For Petitioner : Mr.S.Krishnan For Respondents : Mr.M.Muthumanikkam (R1 & R2) Government Advocate (Civil) Mr.S.Ravi (R3 & R4) Additional Public Prosecutor
ORDER
This writ petition has been filed seeking for a direction to the 3rd and 4th respondents to give police protection for the Survey to be conducted with respect to the petitioner's land in S.F.No.190/30 situated at Viralimalai Village, Pudukkottai District based on his representation dated 01.11.2025.
2. This writ petition is disposed of at the admission stage itself. Since no adverse order is passed against the 5th respondent, notice to the 5th respondent is dispensed with. 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 petitioner.
3. The Writ Petition is disposed of with the following directions:- (I) The petitioner is directed to submit their application in on2/6
line 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.
(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, including the private respondents. (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.
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(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. (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.
04.03.2026 NCC : Yes / No Index : Yes / No gbg TO:- 1.The Tahsildhar, 4/6
2.The Taluk Head Surveyor, 3.The Superintendent of Police, Pudukkottai District, Pudukkottai.
4.The Inspector of Police, Viralimalai, Police Station, Pudukkottai District, Pudukkottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
gbg Order made in Dated 04.03.2026 6/6