Madras High CourtWP Crl.(MD)/3487/2026disposed of

K.Syed Hussain v. The Thasildhar

2026-06-25Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Syed Hussain ... Petitioner Vs.

1. TheTahsildar, Madurai East Taluk, Madurai District.

2.The Head Surveyor, Madurai East Taluk, Madurai District.

3.The State of Tamil Nadu, Rep.by The Inspector of Police, Varichur Police Station, Madurai District.

4.M.L.Shanavai 5.The Inspector of Police, Karuppayurani Police Station, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 3rd respondent to provide adequate police protection to fencing the petitioner's land in Plot No.365A bearing S.No. 165/1A1A1, measuring an extent of 2400 square feet situated at Varichur Village, Madurai East Taluk, Madurai District by considering the petitioner's 1/6

representation dated 27.05.2026 within a time frame to be fixed by this Court. For Petitioner : Mr.S.M.Mohan Gandhi For R1 & R2 : M/s.Priyanka Jothi Government Advocate (Civil side) For R3 & R5 : Mr.D.Rajaboopathy Government Advocate (Crl.side)

ORDER

This writ petition has been filed seeking for a direction to the3rd respondent to provide adequate police protection to fencing the petitioner's land in Plot No.365A bearing S.No.165/1A1A1, measuring an extent of 2400 square feet situated at Varichur Village, Madurai East Taluk, Madurai District by considering the petitioner's representation dated 27.05.2026.

2. Since no adverse order is passed against the private respondent, notice to the private respondent is dispensed with.

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 petitioner.

4. The Inspector of Police, Karuppayurani Police Station, Madurai District is suo motu impleaded as 5th respondent. Registry is directed to carry out the necessary amendment in the cause title. 2/6

5. The Writ Petition is disposed of with the following directions:- (I) The petitioner is directed to submit their 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 3/6

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.

25.06.2026 NCC : Yes / No Index : Yes / No gbg 4/6

TO:- 1.TheTahsildar, Madurai East Taluk, Madurai District.

2.The Head Surveyor, Madurai East Taluk, Madurai District.

3.The Inspector of Police, Varichur Police Station, Madurai District.

4.The Inspector of Police, Karuppayurani Police Station, Madurai District.

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 25.06.2026 6/6