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Madras High CourtWP Crl.(MD)/2522/2025disposed of

Muthukaruppan v. The Tahsildar

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 & W.M.P.Crl.(MD)No.119 of 2026 Muthukaruppan ... Petitioner Vs.

1. The Tahsildar, Dindigul East Taluk, Dindigul District.

2. The District Surveyor, District Survey and Land Records Department, Dindigul District.

3. The Taluk Surveyor, Dindigul East Taluk, Dindigul District.

4. The Inspector of Police, Vadamadurai Police Station, Dindigul East Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 4th respondent, the Inspector of Police, Vadamadurai Police Station, Dindigul District to extend adequate police protection to the respondents 1 to 3 for the peaceful conduct of the survey and demarcation of the boundaries of the petitioner's lands comprised in S.Nos. 638/8C, 638/8F and 638/8P, situated at Periyakottai Village, Dindigul East Taluk, Dindigul District, under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923, in terms of the order dated 03.06.2025 passed by this Court in WP(MD)No.14975 of 2025.

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For Petitioner : Mr.Y.Prakash For Respondents : Mr.C.Susikumar (R4) Government Advocate (Crl.) Ms.M.R.Priyanka Jothi (R1 to R3) Government Advocate (Civil)

ORDER

This writ petition has been filed seeking for a direction to the 4th respondent, to extend adequate police protection to the respondents 1 to 3 for the peaceful conduct of the survey and demarcation of the boundaries of the petitioner's lands comprised in S.Nos.638/8C, 638/8F and 638/8P, situated at Periyakottai Village, Dindigul East Taluk, Dindigul District, under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923, in terms of the order dated 03.06.2025 passed by this Court in WP(MD)No.14975 of 2025.

2. Heard the learned counsel on either side and carefully perused the materials placed before 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 petitioner. 2/6

4. 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 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.

Consequently, connected miscellaneous petition is closed. 25.06.2026 NCC : Yes / No Index : Yes / No sm 4/6

TO:-

1. The Tahsildar, Dindigul East Taluk, Dindigul District.

2. The District Surveyor, District Survey and Land Records Department, Dindigul District.

3. The Taluk Surveyor, Dindigul East Taluk, Dindigul District.

4. The Inspector of Police, Vadamadurai Police Station, Dindigul East Taluk, Dindigul District.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 25.06.2026 6/6