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2026 DAILYLAW 43809 (MAD)

P.Perumal v. The Commissioner of Police

WP Crl.(MD)/3417/2026 · 2026-06-25

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD) No.3417 of 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.3417 of 2026 P.Perumal ....Petitioner Vs 1. The Commissioner of Police City Police Office, Azhagar Kvoil main Road, Race course Colony, Madurai. 2. The Assistant Commissioner of Police, Thiligar thidal Range, Madurai City Madurai. 3. The Inspector of Police, Madakulam Police Station, Periyar Road, Madakulam, Madurai. 4. N.Mohan 5. The Tahsildar, Madurai West Taluk, Madurai District. 6. The Taluk Surveyor, Madurai West Taluk, Madurai District. .....Respondent(s) 1/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.3417 of 2026 (R-5 and R-6 are suo-motu impleaded vide Court order dated 25.06.2026 made in W.P.Crl.(MD)No.3417 of 2026) Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue writ or order or Direction in the nature of WRIT OF MANDAMUS directing the 1st and 2nd respondents to give suitable direction to the 3rd respondent to provide adequate police protection to fence the property in old survey No.132-9, and new survey No. 9/10 situated in block No.5, Kochadai, Madurai, in light of the decree passed by the learned District Munsif Court, Thirumangalam, in O.S.No.589 of 1996 dated 08.12.2008 thereby consider the petitioner's representation to the respondents dated 08.06.2026 for the petitioner's life and limb which is guaranteed by the constitution of India and the Tamil Nadu Maintenance and Welfare of parents and senior citizenship Rules Act within the stipulated time frame fixed by this Court. For Petitioner : Mr. U.Antony Santhosh For R-1 to R-3 : Mr.S.Arun Arockiasamy Government Advocate(Crl.Side) ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 1st and 2nd respondents to give 2/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.3417 of 2026 suitable direction to the 3rd respondent to provide adequate police protection to fence the property in old survey No.132-9, and new survey No.9/10 situated in block No.5, Kochadai, Madurai, by considering the petitioner's representation dated 08.06.2026. 2. Since the concerned Tahsildar, Madurai West Taluk, Madurai District and Taluk Surveyor, Madurai West Taluk, Madurai 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. 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 petitioners. 4. The Writ Petition is disposed of with the following directions:- 3/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.3417 of 2026 (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 4/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.3417 of 2026 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 5/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.3417 of 2026 To 1. The Commissioner of Police City Police Office, Azhagar Kvoil main Road, Race course Colony, Madurai. 2. The Assistant Commissioner of Police, Thiligar thidal Range, Madurai City Madurai. 3. The Inspector of Police, Madakulam Police Station, Periyar Road, Madakulam, Madurai. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5. The Tahsildar, Madurai West Taluk, Madurai District. 6. The Taluk Surveyor, Madurai West Taluk, Madurai District. 6/7 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD) No.3417 of 2026 L.VICTORIA GOWRI, J. Sml WP.Crl.(MD)No.3417 of 2026 25.06.2026 7/7 https://www.mhc.tn.gov.in/judis