Padmavathi vs The Superintendent of Police

Court
Madras High Court

WP(MD) No. 8482 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) No. 8482 of 2026
CNR:{HCMD010418592026}
Padmavathi
..Petitioner
Vs
1. The Superintendent of Police
Pudukkottai,
Pudukkottai District
2. The Deputy Superintendent of Police,
Ponnamaravathi Division,
Ponnamaravathi Taluk,
Pudukkottai District
3. The Inspector of Police,
Thirumayam Police Station,
Thirumayam Taluk,
Pudukkottai District
4. The Tahsildar,
Thirumayam Talukk Office,
Thirumayam Taluk,
Pudukkottai District
5. The Firka Surveyor,
Thirumayam Taluk,
Pudukkottai District
6. Kennady
7. Karikalan
8. Sivakumar
9. A.Alagu
10. Jaya
11. Alagu
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WP(MD) No. 8482 of 2026
12. Latha
13. Gandhi
14. Peruma
15. Nallammal
16. Lakshmi
17. Gandhi
18. Pandi Meenal
19. Karthika
20. Selvi
21. Lakshmi
22. Kanagavalli
23. Vennila
24. Meenal
25. Perumal
(R-9 to R-25 are impleaded vide court order
dated 08.10.2026 in WMP(MD)No.12200/26 in
WP(MD)No.8482/26)
..Respondents
PRAYER: Writ Petition, filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Mandamus directing the
respondents 4 and 5 to conduct the survey and fix the four
boundaries of the petitioner's property in SF.Nos. 5, 6, 7/1, 8/1, 9
and 10 having an total extent of 33.21 Acres of Punja Lands situated
at Neivasal Village, Thirumayam Taluk, Pudukkottai District with
necessary police protection in the light of order in Additional
Superintendent of Police, Pudukkottai passed the memo in
L2/2633/5426 dated 23.02.2026.
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WP(MD) No. 8482 of 2026
For Petitioner: Mr. R.Paranjothi
For M/s.Kbs Law Office
For Respondents: Mr.I.Murugesan
Counsel for State of Tamil Nadu
For R1 to R3
Mr.I.Pinaygash
Special Government Pleader
For R4 & R5
R-6 – No Appearance
Mr.V.Meenakshi Sundaram
Senior Counsel
For Mr.P.Gunaseelan
For R7 to 25
ORDER
Heard learned counsel appearing for the petitioner, the learned
counsel for State of Tamil Nadu (Criminal Side) appearing for
Respondents 1 to 3, the learned Special Government Pleader
appearing for Respondents 4 and 5 and learned Senior Counsel
appearing for Respondents 7 to 25.
2. This Writ Petition is filed for issuance of Writ of Mandamus,
directing the respondents 4 and 5 to conduct the survey and fix the
four boundaries of the petitioners property in SF.Nos. 5, 6, 7/1, 8/1,
9 and 10 having an total extent of 33.21 Acres of Punja Lands
situated at Neivasal Village, Thirumayam Taluk, Pudukkottai District
with necessary police protection in the light of order in Additional
Superintendent of Police, Pudukkottai passed the memo in
L2/2633/5426 dated 23.02.2026.
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WP(MD) No. 8482 of 2026
3. The present Writ Petition had been filed seeking for a
direction to the respondents 4 and 5 to conduct a survey and fix the
boundaries in respect of the petitioner's property having a total extent
of about 33.21 acres based on the application dated 09.01.2026.
4. In this writ petition, an impleading petition came to be filed
and was allowed by this Court, whereby respondents 9 to 25 were
impleaded. The claim of the impleaded respondents is that the lands
belong to them and that, with regard to the patta standing in favour of
the petitioner, they have also initiated proceedings before the Revenue
Divisional Officer, Pudukkottai. Hence, their contention is that the
land cannot be surveyed until the disposal of those proceedings.
5. On considering the application filed for the survey of the
lands, the same could be carried out by the officer concerned, namely,
th
the 5 respondent in the present case, after issuing appropriate notice
to the interested persons concerned. Further, if any objection is raised
by the adjacent landowners or any other interested persons, the
authority ought to conduct an enquiry and record its findings, against
which an appeal could also be filed under Section 11 of the Act. In
this regard, this Court is of the view that the application of the
petitioner could be entertained by the fifth respondent in accordance
with the provisions of the Tamil Nadu Survey and Boundaries Act,
1923.
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WP(MD) No. 8482 of 2026
6. Accordingly, the Writ Petition stands allowed with a direction
th
to the 5 respondent to entertain the application of the petitioner
dated 09.01.2026 and dispose of the same on merits and in
accordance with law, within a period of twelve (12) weeks from the
date of receipt of a copy of this order, after affording an opportunity of
hearing to the petitioner, the private respondents 6 to 25 and to other
interested persons, if any, in consonance with the provisions of
Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act,
1923. If the respondent concerned requires the assistance of the
jurisdictional police, it is open to him to seek such assistance at the
cost of the petitioner.
7. It is made clear that the order passed and the proceedings
undertaken pursuant thereto would not confer any right to possession
of the property if the same is in the hands of third parties.
There shall be no order as to costs.
14-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Nsr
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WP(MD) No. 8482 of 2026
To:
1. The Superintendent of Police
Pudukkottai,
Pudukkottai District
2. The Deputy Superintendent of Police,
Ponnamaravathi Division,
Ponnamaravathi Taluk,
Pudukkottai District
3. The Inspector of Police,
Thirumayam Police Station,
Thirumayam Taluk,
Pudukkottai District
4. The Tahsildar,
Thirumayam Talukk Office,
Thirumayam Taluk,
Pudukkottai District
5. The Firka Surveyor,
Thirumayam Taluk,
Pudukkottai District
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WP(MD) No. 8482 of 2026
K.KUMARESH BABU, J.
Nsr
WP(MD) No. 8482 of 2026
14-10-2026
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