Sokkupandi v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Sokkupandi ... Petitioner Vs.

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Maanur Police Station, Tirunelveli District.

3. The Taluk Surveyor, Maanur Taluk, Tirunelveli District.

4. The Tahsildar, Maanur Taluk, Tirunelveli District.

... Respondents (R3 & R4 are suo motu impleaded vide order of this Court dated 24.03.2026 in this writ petition.) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus by directing the respondents 1 and 2 to award adequate police protection to fence the petitioner's property in survey no.463-2 situated at Alagiapandiyapuram, Tirunelveli District in light of representation dated 06.03.2026 as expeditiously as possible. 1/6

For Petitioner : Mr.S.Ashok For Respondents : Mr.S.S.Manoj (R1 & R2) Government Advocate (Crl.) Mr.C.Satheesh (R3 & R4) Government Advocate (Civil)

ORDER

Since the concerned Taluk Surveyor, Maanur Taluk, Tirunelveli District and the Tahsildar, Maanur Taluk, Tirunelveli District, are necessary parties for the effective adjudication of this writ petition, The Taluk Surveyor, Maanur Taluk, Tirunelveli District and the Tahsildar, Maanur Taluk, Tirunelveli District are suo motu impleaded as 3rd and 4th respondents in this case.

2. This writ petition has been filed seeking a direction to the respondents 1 and 2 to award adequate police protection to fence the petitioner's property in survey no.463-2 situated at Alagiapandiyapuram, Tirunelveli District in light of representation dated 06.03.2026.

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

4. The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner in title and possession of the property 2/6

comprised in Survey No. 463/2, situated at Alagiapandiyapuram, Tirunelveli District. However, when the petitioner attempted to put up a fence around the said property, certain persons from the locality obstructed the completion of the fencing work. In this regard, the petitioner submitted a representation. Since the same has not been considered, the present writ petition has been filed.

5. The learned Government Advocate appearing for the respondents submitted that already the petitioner's representation is attended and the petitioner as well as the rival parties appeared and the matter is now pending before jurisdictional Revenue Divisional Officer (RDO) and have given in writing that they would abide by the outcome of the RDO enquiry.

6. It is the claim of the petitioner that the report of the RDO is in favour of the petitioner.

7. Heard the learned counsel on either side and carefully perused the materials placed before this Court.

8. 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.

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9. 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.

(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 4/6

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 (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.

24.03.2026 NCC : Yes / No Index : Yes / No Sm 5/6

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Maanur Police Station, Tirunelveli District.

3. The Taluk Surveyor, Maanur Taluk, Tirunelveli District.

4. The Tahsildar, Maanur Taluk, Tirunelveli District.

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

Order made in Dated 24.03.2026 6/6