P.Karthikeyan vs The State of TamilnaduThe Su

Court
Madras High Court

WP Crl.(MD) No. 5653 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13-10-2026
CORAM
THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI
WP Crl.(MD) No. 5653 of 2026
CNR:{HCMD011445212026}
AND
WMP CRL.(MD) No. 1268 of 2026
P.Karthikeyan ..Petitioner
Vs
1. The State of Tamil Nadu,
The Superintendent of Police,
Karur District,
Karur.
2. The Deputy Superintendent of Police,
Aravakurichi,
Karur District.
3. The Inspector of Police,
Aravakurichi Police Station,
Aravakurichi,
Karur District.
4. Saravanan ..Respondents
PRAYER: To issue a Writ or order or direction in the nature of Writ of
Mandamus, directing the official respondents 1 to 3 not to provide police
rd
protection to the 3 respondent to fence the pathway by closing the access
of the petitioner in the pathway in S.F.No.237/1A, situated at Thethupatti
village, Aravakurichi Taluk, Karur District, based upon the representation
__________
Page  1  of  7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 12:56:33 pm )

WP Crl.(MD) No. 5653 of 2026
given by the petitioner dated 26.09.2026 and 05.10.2026 and
consequently direct the respondents 1 to 3 not to interfere with the civil
dispute prevailing between the parties and pass such further or other
orders as the Court may deem fit.
For Petitioner: Mr.S.Gokulraj
For Respondents: Mr.N.Balasubramanian
Government Advocate (Criminal Side)
for R1 to R3
Mr.J.Sathiyaraj for R4
ORDER
The Writ Petition has been filed seeking a direction to the
respondents 1 and 2 to consider the petitioner's representation dated
rd
05.10.2026 and consequently direct the 3 respondent police not to
th
provide police protection to the 4 respondent for fencing or closing the
pathway situated in Survey No. 237/1A at Thethupatti village,
Aravakurichi Taluk, Karur District.
st
2. It is the case of the petitioner that the 1 respondent had earlier
filed WP No. 19741 of 2026 challenging the order passed by the Firka
Surveyor rejecting his application for surveying the lands comprised in
Survey Nos. S.F. No. 234/7, 234/8, 241/5, 241/6 and 237/1A situated at
__________
Page  2  of  7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 12:56:33 pm )

WP Crl.(MD) No. 5653 of 2026
Thethupatti village, Aravakurichi Taluk, Karur District. By order dated
nd
13.07.2026, this Court directed the 2 respondent to conduct a survey of
the subject lands. It is the further case of the petitioner that he has
preferred a writ appeal challenging the aforesaid order and that the same
is pending. In the meantime, the Firka Surveyor conducted a survey on
25.09.2026, allegedly without issuing notice to the petitioner. The
petitioner claims to have objected to the manner in which the survey was
conducted and preferred an appeal under Section 11 of the Tamil Nadu
Survey and Boundaries Act, 1923, which is stated to be pending.
3. The petitioner would further submit that several proceedings
concerning the subject properties are pending before the competent civil
courts.
4. The grievance of the petitioner is that, despite the pendency of
th
the civil proceedings, the 4 respondent is attempting to fence the
property in Survey No. 237/1A and obstruct the pathway by storing
rd
fencing materials therein. The petitioner alleges that the 3 respondent
th
police is likely to provide protection to the 4 respondent for closing the
pathway, thereby prejudicing the petitioner's right. In this regard, he
rd
submitted a representation dated 26.09.2026 to the 3 respondent and a
__________
Page  3  of  7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 12:56:33 pm )

WP Crl.(MD) No. 5653 of 2026
further representation dated 05.10.2026 to the respondents 1 and 2. Since
no action was taken, the present writ petition has been filed.
5. Heard. Records perused.
6. This Court is of the view that the dispute between the petitioner
th
and the 4 respondent primarily concerns the rights of the parties over the
subject properties and the alleged pathway. The rival claims involve
question of title, possession, boundaries and the right of access, which are
matters to be adjudicated by the competent civil court.
7. In the above circumstances, this Court is of the view that the
petitioner's representation dated 05.10.2026 requires consideration by the
competent authority, particularly in view of the pending civil suits and
the allegation that the pathway is sought to be obstructed. Therefore, the
respondents 1 and 2 are directed to consider the petitioner's representation
dated 05.10.2026 after taking note of the pending civil proceedings and
the nature of the dispute raised by the parties, and pass appropriate orders
in accordance with law.
rd
8. The 3 respondent shall not provide police protection for the
__________
Page  4  of  7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 12:56:33 pm )

WP Crl.(MD) No. 5653 of 2026
purpose of enabling either party to establish a disputed right over the
subject property or to alter the existing state of affairs merely on the basis
of a unilateral claim. This direction shall not prevent the police from
discharging their statutory duties or complying with any specific order
passed by the competent court.
th
9. Neither the petitioner nor the 4 respondent shall take the law
into their own hands or resort to any act likely to disturb public peace.
The pending writ appeal and the statutory appeal concerning the survey
shall be decided independently, in accordance with law, without being
influenced by any observation made in this order.
10. In view of the above directions, the writ petition is disposed of.
13-10-2026
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
mar/skn
__________
Page  5  of  7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 12:56:33 pm )

WP Crl.(MD) No. 5653 of 2026
To
1. The Superintendent of Police,
Karur District,
Karur.
2. The Deputy Superintendent of Police,
Aravakurichi,
Karur District.
3. The Inspector of Police,
Aravakurichi Police Station,
Aravakurichi,
Karur District.
__________
Page  6  of  7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 12:56:33 pm )

WP Crl.(MD) No. 5653 of 2026
K.GOVINDARAJAN THILAKAVADI J.
mar/skn
WP Crl.(MD) No. 5653 of 2026
AND
WMP CRL.(MD) No. 1268 of 2026
13-10-2026
__________
Page  7  of  7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 12:56:33 pm )