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Madras High CourtWP Crl.(MD)/3437/2026disposed of

R.Pandian v. The District Collector,

2026-06-24Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24/06/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI R.Pandian ... Petitioner Vs

1. The District Collector, Madurai District.

2. The Tahsildar, Madurai South Taluk, Maduai District.

3. The Taluk Surveyor, Madurai South Taluk, Maduai District.

4. The Inspector of Police, Avaniyapuram Police Station, Avaniyapuram, Madurai.

5. Phutarmal Bafna ... Respondents PRAYER :- To issue a Writ of Mandamus directing the fourth respondent to provide adequate police protection for the survey and demark of the petitioner`s land in S.No.374/20 in Patta No.13639 situated at Ayan 1/6

Pappakudi Village, Madurai South Taluk, Madurai District, conducted by the 2nd and 3rd respondent based on the petitioner's representation dated 11.06.2026.

For Petitioner : Mr.Thilakkumar P, Advocate.

For Respondent : Mr.D.Rajaboopathy - for R1 Government Advocate (Crl.Side) : Mr.M.R.Priyanka JothiD.Rajaboopathy - for R1 Government Advocate (Crl.Side)

ORDER

This writ petition has been filed seeking for a direction to the fourth respondent to provide adequate police protection for the survey and demark of the petitioner`s land in S.No.374/20 in Patta No.13639 situated at Ayan Pappakudi Village, Madurai South Taluk, Madurai District, conducted by the 2nd and 3rd respondent based on the petitioner's representation dated 11.06.2026.

2. Learned counsel for the petitioner submitted that when the survey was conducted earlier, the fifth respondent had caused hindrance 2/6

to the peaceful conduct of the survey. Therefore, seeking police protection to survey his land, he has given a representation on 11.06.2026. Since the same was not considered, this Writ petition is filed.

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 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 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. 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.

24.06.2026 NCC : yes / no Index : yes / no pnn 5/6

L. VICTORIA GOWRI,J pnn To

1. The District Collector, Madurai District.

2. The Tahsildar, Madurai South Taluk, Maduai District.

3. The Taluk Surveyor, Madurai South Taluk, Maduai District.

4. The Inspector of Police, Avaniyapuram Police Station, Avaniyapuram, Madurai.

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

ORDER

IN WP CRL.(MD) No.3437 of 2026 Date : 24/06/2026 6/6