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Judgment
Since the concerned Taluk Surveyor, Usilampattai Taluk, Madurai District and the Tahsildar, Usilampattai Taluk, Madurai District, are necessary parties for the effective adjudication of this writ petition, The Taluk Surveyor, Usilampattai Taluk, Madurai District and the Tahsildar, Usilampattai Taluk, Madurai District are suo motu impleaded as 4th and 5th respondents in this case.
This writ petition has been filed seeking a direction to the respondents 1 and 2 to provide the necessary police protection for the fencing work around the lands under S.Nos.325/11 and 325/12D based on the petitioner's representation dated 03.07.2026, as they have already been surveyed and demarcated by government officials, and to enable the petitioner to erert the fence without any hindrance.
This writ petition is disposed of at the admission stage itself.
The learned counsel appearing for the petitioner submitted that the petitioner had already made an application for conducting a proper survey of the aforesaid land. However, due to the unrest that prevailed in the locality when the Surveyor attempted to conduct the survey, the petitioner had made a requisition to the respondent police seeking necessary police protection. In this regard, the petitioner had also submitted a representation to the respondent authorities. Since the said representation has not been considered, the present writ petition has been filed.
Heard the learned counsel on either side and carefully perused the materials placed before this Court.
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.
The Writ Petition is disposed of with the following directions:-
The petitioner is directed to submit her application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioner is in order.
The petitioner will have to enclose all the relevant documents such as patta.
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.
Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.
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.
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.
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.
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.
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.
A copy of the survey report along with sketch will be served on the parties.