- Court
- High Court of Madras
- Decided
- 2 July 2026
- Bench
- S Justice L.Victoria Gowri
- Case no.
- WP Crl.(MD) 48/2026
Judgment
ORDER Since the concerned Taluk Surveyor, Theni Taluk, Theni District is a necessary party for the effective adjudication of this writ petition is suo motu impleaded as 7th respondent in this case. Registry is directed to carry out necessary amendment.
¶2This writ petition has been filed seeking for a direction to the 3rd respondent to provide adequate police protection to the life and limb of the petitioner and his family members from the 6th respondent and his henchmen while put up a fence at the northern border of the petitioner's property comprised in S.No.369, Koduvilarpatti Village, Theni Taluk, Theni District.
¶3This 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.
¶4The 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.
(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.
(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.
02.07.2026 NCC : Yes / No Index : Yes / No Sm
L.VICTORIA GOWRI, J. Sm TO:-
¶1The District Collector, Collectorate, Theni District.
¶2The Tahsildar, Taluk Office, Theni Taluk and District.
¶3The Inspector of Police, Palanichettypatti Police Station, Theni, Theni District.
¶4The Assistant Engineer, Public Works Department, Bangalow Medu, Theni, Theni District.
¶5The Block Development Officer (Village Panchayat), Theni Union Office, Theni, Theni District.
¶6The Taluk Surveyor, Theni Taluk, Theni District.
¶7The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Dated
02.07.2026
Case details
Parties and counsel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Ramachandran ... Petitioner Vs. 1. The District Collector, Collectorate, Theni District. 2. The Tahsildar, Taluk Office, Theni Taluk and District. 3. The Inspector of Police, Palanichettypatti Police Station, Theni, Theni District. 4. The Assistant Engineer, Public Works Department, Bangalow Medu, Theni, Theni District. 5. The Block Development Officer (Village Panchayat), Theni Union Office, Theni, Theni District. 6. Dharmendra 7. The Taluk Surveyor, Theni Taluk, Theni District. ... Respondents (R7 is suo motu impleaded vide order of this court dated 02.07.2026 in this petition.) 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 the life and limb of the petitioner and his family members from the 6th respondent and his henchmen while put up a fence at the northern border of the petitioner's property comprised in S.No. 369. For Petitioner : Ms.D.Pameela For Respondents : Mr.C.Susikumar (R3) Government Advocate (Crl.) Ms.M.R.Priyanka Jothi (R1,R2, R4, R5& R7) Government Advocate (Civil)
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.