V.S.P.Pandi v. The Superintendent of Police

ORDER Seeking to direct the respondents 1 to 3 to give adequate police protection to fix the survey stones in the petitioner's patta land situated in S.Nos.1572/2, 1572/6 and 1572/8 to an extent of 10 Acres 80 Cents situated at Mayiladumparai Village, Andipatti Taluk, Theni District, based on his representation dated 02.03.2026, this writ petition is filed.

¶2The learned Government Advocate submitted that no representation has been so far received from the petitioner.

¶3Since the concerned Tahsildar, Andipatti Taluk, Theni District and Taluk Surveyor, Andipatti Taluk, Theni District, are the necessary parties for the effective adjudication of this writ petition, The Tahsildar, Andipatti Taluk, Theni District and the Taluk Surveyor, Andipatti Taluk, Theni District are suo motu impleaded as the respondents 5 and 6 in this case. Registry is directed to carry out the necessary amendments in the cause title.

¶4This 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 petitioners.

¶5The 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 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 Internet : Yes/ No Sml To

¶1The Superintendent of Police Theni District, Theni

¶2The Deputy Superintendent of Police, Theni Theni District.

¶3The Inspector of Police Kadamalaikundu Police Station, Theni.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶5The Tahsildar, Andipatti Taluk, Theni District.

¶6The Taluk Surveyor, Andipatti Taluk, Theni District.

L.VICTORIA GOWRI, J.

Sml WP.Crl.(MD)No.3422 of 2026

25.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD).No.3422 of 2026 V.S.Pandi ....Petitioner Vs 1. The Superintendent of Police Theni District, Theni 2. The Deputy Superintendent of Police, Theni, Theni District. 3. The Inspector of Police, Kadamalaikundu Police Station, Theni. 4. Sekar 5. The Tahsildar, Andipatti Taluk, Theni District. 6. The Taluk Surveyor, Andipatti Taluk, Theni District. .....Respondent(s) (R-5 and R-6 are suo-motu impleaded vide Court order dated 25.06.2026 made in W.P.Crl.(MD)No.3422 of 2026) Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to give adequate police protection to fix the survey stones in the petitioner's patta land situated in S.Nos.1572/2, 1572/6 and 1572/8 to an extent of 10 Acres 80 Cents situated at Mayiladumparai Village, Andipatti Taluk, Theni District, based on his representation dated 02.03.2026. For Petitioner : Mr.Niranjan S.Kumar For R-1 to R-3 : Mr.S.Arun Arockiasamy Government Advocate(Crl.Side)