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Madras High CourtWP Crl.(MD)/2939/2026disposed of

Selvaraj v. The State Of Tamil Nadu Rep. By

2026-06-04Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/06/2026

CORAM

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

1. The State of Tamil Nadu Rep., By, the Superintendent of Police, Thanjavur, Thanjavur District.

2. State of Tamilnadu Rep by Inspector of Police, Thogur Police Station, Thanjavur District.

3. Sekar

4. Nirmala

5. Prabhakaran 6.The Tahsildar, Thiruvaiyaru Taluk, Thanjavur District.

7.The Taluk Surveyor, Thiruvaiyaru Taluk, Thanjavur District.

(R6 and R7 are suo motu impleaded vide Court order dated 04.06.2026) ... Respondents 1/6

PRAYER :- To Writ of Mandamus directing the 1st and 2nd respondents to provide adequate police protection to the petitioner when he would put fencing over his own land in Survey No.347E/42, Patta No. 105 situated at Akarampettai Village, Thiruvaiyaru Taluk, Thanjavur District, on the basis of the petitioner's representation dated 04.05.2026. For Petitioner : Mr. M.Murugesan, Advocate.

For Respondents : Mr.D.Rajaboopathy - for R1 and R2 Counsel for State of TN (Crl.Side)

ORDER

Since the concerned Tahsildar and Taluk Surveyor, Thiruvaiyaru Taluk, Thanjavur District is a necessary party for the effective adjudication of this writ petition, The Tahsildar and Taluk Surveyor, Thiruvaiyaru Taluk, Thanjavur District, is suo motu impleaded as 6th and 7th respondents in this case.

2. This writ petition has been filed seeking for a direction to the 1st and 2nd respondents to provide adequate police protection to the 2/6

petitioner when he would put fencing over his own land in Survey No. 347E/42, Patta No. 105 situated at Akarampettai Village, Thiruvaiyaru Taluk, Thanjavur District, on the basis of the petitioner's representation dated 04.05.2026.

3. 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.

4. The Writ Petition is disposed of with the following directions:- (I) The petitioner is directed to submit his application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioners 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. 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. 4/6

(VIII) The instant case 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.

04.06.2026 pnn 5/6

L. VICTORIA GOWRI, J pnn To

1. The Superintendent of Police, Thanjavur, Thanjavur District.

2. The Inspector of Police, Thogur Police Station, Thanjavur District. 3.The Tahsildar, Thiruvaiyaru Taluk, Thanjavur District. 4.The Taluk Surveyor, Thiruvaiyaru Taluk, Thanjavur District.

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

ORDER

IN WP CRL.(MD) No.2939 of 2026 Date : 04/06/2026 6/6