Senthil v. The Superintendent of Police,

ORDER Since the concerned Tahsildar, Pillayarpatti Taluk, Thanjavur District and the Taluk Surveyor, Pillayarpatti Taluk, Thanjavur District, are necessary parties for the effective adjudication of this writ petition, The Tahsildar and the Taluk Surveyor, Pillayarpatti Taluk, Thanjavur District are suo motu impleaded as 4 and 5 respondents in this case.

¶2In view of the fact that no adverse order is going to be passed as against the third respondent, notice to the third respondent is dispensed with.

¶3This writ petition has been filed seeking for a direction to the respondents 1 and 2 to conduct the survey and fence the petitioner's property with necessary police protection in the petitioner's property Survey no. 53/8 (Sub divided as 53/8A,53/8B) situated at Thanjavur District, measuring an extent of about 5280 sq.ft., based on the representation given by the petitioner dated 18.03.2026 in view of the decree in O.S.No.195/2002 dated 13.07.2006 and the Court executed registered sale deed bearing Document No.1720 of 2006.

¶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 jos application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioners 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.

02.06.2026 NCC : yes / no Index : yes / no pnn To

¶1The Superintendent of Police, Thanjauvr, Thanjauvr District.

¶2The Inspector of Police, Vallam Police Station, Thanjauvr District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,J ooooooooooooooooooooooooooooooooooooooooooooopnn oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooWPoCRL.(MD)oNo.1803oofo2026 ooooooooooooooooooooooooooooooDateoo:o02/06/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/06/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Senthil ... Petitioner Vs 1. The Superintendent of Police, Thanjauvr, Thanjauvr District. 2. The Inspector of Police, Vallam Police Station, Thanjauvr District. 3. Ramamoorthy 4.The Tahsildar, Pillayarpatti Taluk, Thanjavur District. 5.The Taluk Surveyor, Pillayarpatti Taluk, Thanjavur District (R4 and R5 are suo motu impleaded vide Court order dated 02.06.2026) ... Respondents PRAYER :- To issue a Writ of Mandamus directing the respondents 1 and 2 to grant adequate police protection for survey and fencing or construction of the new compound wall to ensure safety and security of the Site in Survey no. 53/8 (Sub divided as 53/8A,53/8B) situated at Thanjavur District, measuring an extent of about 5280 sq.ft., based on the representation given by the petitioner dated 18.03.2026 in view of the decree in O.S.No.195/2002 dated 13.07.2006 and the Court executed registered sale deed bearing Document No.1720 of 2006 within a time frame fixed by this Court. For Petitioner : Mr. P.Praveenkumar, Advocate. For Respondents : Mr.D.Rajaboopathy - for R1 and R2 Counsel for State of TN (Crl.Side) M/s.S.Prabha for R3