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2026 DAILYLAW 47419 (MAD)

G.Maharajan v. The Superintendent of Police

WP Crl.(MD)/3654/2026 · 2026-07-02

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

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W.P.Crl.(MD)No.3654 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.3654 of 2026 G.Maharajan ... Petitioner Vs. 1. The Superintendent of Police, O/o.The Superintendent of Police, Madurai District. 2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Melur, Madurai District. 3. The Inspector of Police, Kottampatti Police Station, Kottampatti, Madurai District. 4. R.Arunkumar 5. R.Chinnammal 6. M.Devika 7. The Taluk Surveyor, Melur Taluk, Madurai District. 8. The Tahsildar, Melur Taluk, Madurai District. ... Respondents (R7 & R8 are suo motu impleaded vide order of this Court dated 02.07.2026 in this petition.) 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3654 of 2026 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 fence the dwelling house and adjoined vacant land in Survey No.208/5B to extent of 0.20.50 hectare Ares (50 cents) situated in P.Pudur, Pallapatti Village, Melur Taluk, Madurai District, based on the petitioner's representation dated 30.06.2026 within a stipulated time fixed by this Court. For Petitioner : Mr.K.B.Badurus Zaman For Respondents : Mr.C.Susikumar (R1 to R3) Government Advocate (Crl.) Ms.M.R.Priyanka Jothi (R7 & R8) Government Advocate (Civil) ORDER Since the concerned Taluk Surveyor, Melur Taluk, Madurai District and the Tahsildar, Melur Taluk, Madurai District, are necessary parties for the effective adjudication of this writ petition, The Taluk Surveyor, Melur Taluk, Madurai District and the Tahsildar, Melur Taluk, Madurai District are suo motu impleaded as 7th and 8th respondents in this case. 2. This writ petition has been filed seeking a direction to the 3rd respondent to provide adequate police protection to fence the dwelling house 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3654 of 2026 and adjoined vacant land in S.No.208/5B measuring to extent of 0.20.50 hectare Ares (50 cents) situated in P.Pudur, Pallapatti Village, Melur Taluk, Madurai District, based on the petitioner's representation dated 30.06.2026. 3. This writ petition is disposed of at the admission stage itself. 4. The learned counsel appearing for the petitioner submitted that a writ petition in WP(MD)No.15509 of 2026 was filed by the petitioner, in which this Court passed an order on 10.06.2026 permitting the petitioner to make suitable application before the survey authorities and conduct a survey. However, the petitioner finds it difficult to conduct survey on account of the obstruction allegedly caused by the private respondents and sought indulgence of this Court. 5. Heard the learned counsel on either side and carefully perused the materials placed before this Court. 6. 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. 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3654 of 2026 7. The 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 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3654 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 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 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.3654 of 2026 L.VICTORIA GOWRI, J. Sm TO:- 1. The Deputy Superintendent Of Police, Tirunelveli Division, Tirunelveli District. 2. The Inspector of Police, Seevalaperi Police Station, Tirunelveli District. 3. The Taluk Surveyor, Melur Taluk, Madurai District. 4. The Tahsildar, Melur Taluk, Madurai District. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in W.P.Crl.(MD)No.3654 of 2026 Dated 02.07.2026 6/6 https://www.mhc.tn.gov.in/judis