W.P.Crl.(MD)No.4029 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.4029 of 2026 Balu ... Petitioner Vs. 1. The Tahsildar, O/o. the Tahsildar, Uthamapalayam, Theni District. 2. The Surveyor, Cumbum, Uthamapalayam Taluk, Theni District. 3. The Inspector of Police, Cumbum South Police Station, Theni District. 4. Suresh 5. Ayyappan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 3rd respondent to provide police protection to survey the land in S.Nos.831/1 and 834/1 situated in Cumbum Village, Uthamapalaym Taluk, Theni District pursuant to the order dated 08.06.2026 passed by the first respondent within the period that may be stipulated by this Court. 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4029 of 2026 For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.D.Rajaboopathy (R3) Government Advocate (Crl.) Ms.M.R.Priyanka Jothi (R1 & R2) Government Advocate (Civil) ORDER This writ petition has been filed seeking a direction to the 3rd respondent to provide police protection to survey the land in S.Nos.831/1 and 834/1 situated in Cumbum Village, Uthamapalaym Taluk, Theni District pursuant to the order dated 08.06.2026 passed by the first respondent within the period that may be stipulated by this Court. 2. The learned counsel appearing for the petitioner submitted that the first respondent, vide proceedings dated 08.06.2026, had directed the authorities to conduct a survey of the subject property involved in the present writ petition. Pursuant to the said order, the petitioner submitted a representation dated 07.06.2026 to the respondents seeking police protection for conducting the survey. However, the said representation has not been considered, necessitating the filing of the present writ petition. 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4029 of 2026 3. The learned Government Advocate appearing for the respondents submitted that on receipt of the petitioner's representation, CSR No.183 of 2026 was issued. 4. Heard the learned counsel on either side and carefully perused the materials placed before this Court. 5. 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. 6. 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. 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4029 of 2026 (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 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4029 of 2026 (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. 21.07.2026 NCC : Yes / No Index : Yes / No Sm 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4029 of 2026 L.VICTORIA GOWRI, J. Sm TO:- 1. The Tahsildar, O/o. the Tahsildar, Uthamapalayam, Theni District. 2. The Surveyor, Cumbum, Uthamapalayam Taluk, Theni District. 3. The Inspector of Police, Cumbum South Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in W.P.Crl.(MD)No.4029 of 2026 Dated 21.07.2026 6/6 https://www.mhc.tn.gov.in/judis