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Madras High CourtWP Crl.(MD)/1382/2026disposed of

Pushpavalli v. The Superintendent Of Police

2026-03-10Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI & W.M.P.Crl.(MD)No.337 of 2026 1.Pushpavalli 2.Dhanam @ Dhana Lakshmi 3.Lakshmi ... Petitioners Vs.

1. The Superintendent of Police, Pudukkottai.

2. The Tahsildar, Thirumayam Taluk, Pudukkottai District.

3. The Inspector of Police, K.Pudupatti, Thirumayam Taluk, Pudukkottai District.

4. Balamani

5. The Taluk Surveyor, Thirumayam Taluk, Pudukkottai District.

... Respondents (R5 is suo motu impleaded vide order dated 10.03.2026 in this writ petition.) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 to 4 to conduct the 1/6

survey and fence the petitioners property with necessary police protection in the petitioner's property S.F.No.13/15 having an extent of 172 cents situated at Royavaram village, Thirumayam Taluk, Pudukkottai District in the light of Civil Court Judgment and Decree dated 07.11.2006 made in OS.No.60 of 2004 and also on the basis of Commissioner report and sketch in final decree dated 27.02.2013 on the file of Principal Sub Court, Pudukkottai. For Petitioners : Mr.R.Paranjothi For Respondents : Mr.S.Ravi (R1 to R3) Additional Public Prosecutor

ORDER

W.M.P.Crl.(MD)No.337 of 2026 filed seeking to file a single Writ Petition is ordered.

2. Since the concerned Taluk Surveyor, Thirumayam Taluk, Pudukkottai District is a necessary party for the effective adjudication of this writ petition, The Taluk Surveyor, Thirumayam Taluk, Pudukkottai District is suo motu impleaded as 5th respondent in this case.

3. This writ petition has been filed seeking for a direction to the respondents 1 to 4 to conduct the survey and fence the petitioners' property with necessary police protection in the petitioner's property S.F.No.13/15 2/6

measuring to an extent of 172 cents situated at Royavaram village, Thirumayam Taluk, Pudukkottai District, in the light of Civil Court Judgment and Decree dated 07.11.2006 made in OS.No.60 of 2004 and also on the basis of Commissioner report and sketch in final decree dated 27.02.2013 on the file of Principal Sub Court, Pudukkottai.

4. This writ petition is disposed of at the admission stage itself. 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.

5. The Writ Petition is disposed of with the following directions:- (I) The petitioners are directed to submit their application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioners is in order.

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

(III) The survey authority will issue notice to the writ petitioners, as well as the adjacent land owners and also to the interested persons, if any, including the private respondents. 3/6

(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. (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 4/6

(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.

10.03.2026 NCC : Yes / No Index : Yes / No Sm TO:-

1. The Superintendent of Police, Pudukkottai.

2. The Tahsildar, Thirumayam Taluk, Pudukkottai District.

3. The Inspector of Police, K.Pudupatti, Thirumayam Taluk, Pudukkottai District.

4. The Taluk Surveyor, Thirumayam Taluk, Pudukkottai District.

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

5/6

L.VICTORIA GOWRI, J.

Sm Order made in Dated 10.03.2026 6/6