Natarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18.03.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl(MD)No.1525 of 2026 Natarajan ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

4.Kalaiselan 5.Ajithkumar 6.Annamalai 7.Vetriselvi 8.Radha 9.Southaram 1/8

10.The Taluk Surveyor, Orathanadu Taluk, Thanjavur District.

... Respondents (R10 is suo motu impleaded as 10th respondent vide order of this Court dated 18.03.2026) PRAYER :-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 to 3 herein to provide adequate police protection for fencing the property comprised in Survey No.743/3A and 743/4B situated at Ambalaapattu South Revenue Village, Orathanadu Taluk, Thanjavur District, on the basis of the complaint/ representation dated 03.02.2026 and 25.02.2026 within a stipulated time period in accordance with law. For Petitioner : Mr.C.Senthil Murugan For R1 to R3 : Mr.M.Sakthikumar Government Advocate (crl.side)

ORDER

Since the concerned Taluk Surveyor, Orathanadu Taluk, Thanjavur District, is a necessary party for the effective adjudication of this writ petition, The Taluk Surveyor, Orathanadu Taluk, Thanjavur District, is suo motu impleaded as 10th respondent in this case. 2/8

2.Seeking to direct the respondent Nos.1 to 3 herein to provide adequate police protection for fencing the property comprised in Survey No.743/3A and 743/4B situated at Ambalaapattu South Revenue Village, Orathanadu Taluk, Thanjavur District, on the basis of the complaint/ representation dated 03.02.2026 and 25.02.2026, this writ petition is filed.

3.Since no adverse order is going to be passed against the respondents 4 to 9, notice to them is dispensed with. 4.The learned counsel for the petitioner submitted that already survey with respect to the property mentioned supra has been conducted and concluded by Revenue authorities, on the application made by the petitioner, in the presence of the respondents 4 to 9. After conclusion of the survey, when the petitioner tried to put up fence, the respondents 4 to 9 are unnecessarily hindering the same. In view of the same, this petition is filed seeking aforesaid prayer.

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5.The learned Government Advocate(Crl.side), on instructions, submitted that already FIR in Crime No.75 of 2026 was registered regarding boundary dispute.

6.Heard either side and carefully perused the materials available on record.

7.Considering the submission made by the learned Government Advocate submitted that first information report in Crime No.75 of 2026 has already been registered against the private respondents at the instance of the petitioner, this Court pass the following order: (I) The petitioner is directed to submit fresh application in on-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. 4/8

(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 applicant to move the jurisdictional civil Court for agitating his rights. (VIII) The instant case filed particularly seeking police protection for the conduct of survey and fence the property. In 5/8

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, if the petitioner's title is property demarcated.

(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.

8.With the above directions, 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. 18.03.2026 NCC : Yes / No Index : Yes / No Rmk 6/8

To 1.The Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

4.The Taluk Surveyor, Orathanadu Taluk, Thanjavur District.

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

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L.VICTORIA GOWRI,J Rmk W.P.Crl(MD)No.1525 of 2026 18.03.2026 8/8