Ganesan v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2026

CORAM:

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

1.The State of Tamil Nadu, Rep.by The Superintendent of Police, District Superintendent of Police office, Karur, Karur District.

2. The Inspector of Police, Thogai Malai Police Station, Karur District.

3.The Taluk Surveyor, Kulithalai Taluk, Karur District.

... Respondents (R3 is suo motu impleaded vide order dated 25.06.2026 in this writ petition.) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent herein to provide police protection to survey the land under S.No.8/1 in the Pulatheri Village, Kulithalai Taluk, Karur District with the total extent of 4 Acres and 83 Cents by considering the representation dated 23.06.2026 in pursuant to the order dated 06.03.2025 passed in the writ petition under W.P(MD)No.23663 of 2023 on the file of this Court.

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For Petitioner : Mr.K.R.Laxman For R1 & R2 : Mr.D.Rajaboopathy Government Advocate (Crl.side) For R3 : M/s.Priyanka Jothi Government Advocate (Civil side)

ORDER

Since the concerned Taluk Surveyor, Kulithalai Taluk, Karur District is a necessary party for the effective adjudication of this writ petition, The Taluk Surveyor, Kulithalai Taluk, Karur District is suo motu impleaded as 3rd respondent in this case. Registry is directed to carry out the necessary amendment.

2. This writ petition has been filed seeking for a direction to the 2nd respondent to provide police protection to survey the land under S.No.8/1 in the Pulatheri Village, Kulithalai Taluk, Karur District with the total extent of 4 Acres and 83 Cents by considering the representation dated 23.06.2026 in pursuant to the order dated 06.03.2025 passed in the writ petition under W.P(MD)No.23663 of 2023 on the file of this Court.

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 2/6

petitioner.

4. 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.

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(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. (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.The Superintendent of Police, District Superintendent of Police office, Karur, Karur District.

2. The Inspector of Police, Thogai Malai Police Station, Karur District.

3.The Taluk Surveyor, Kulithalai Taluk, Karur District.

4.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