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Wednesday, 24 November 2010

How to complaint against re survey anomalies in Kerala ? Survey Adalath.

COMPLAINTS AGAINST THE SURVEY
1. Complaints during the course of Survey, According to survey and Boundaries Act, the land owners can prefer complaints against re-survey during the course of re-survey field work itself . The Head Surveyors shall dispose of such complaints after conducting enquiries and the decision communicated to all affected parties and changes made in the records.
2. After preparation of records. The records are exhibited to the land owners after completing the preparation of records. The landowners can prefer complaints after perusing these records. These complaints are disposed off by the survey Officers after conducting enquiries and decisions of the enquiries shall be communicated to all affected parties and changes effected in the records.
3. Appeals. Any land owner aggrieved by the orders as stated in 1 and 2 above can file an appeal against such order under section 11 of the Survey & Boundaries Act. These appeals shall be disposed of and decision communicated to all the affected parties and changes are also made in the records.
4. Complaints after finalisation. After disposing of the complaints against the re-survey, the records are finalised and notification published under section 13 of the survey & Boundaries Act. After finalisation of the records only the Civil Courts has got powers to alter the decision made by the Survey Officers during the course of re-survey.
 But Complaints are accepted in the following cases by the Survey Department.
1. When the boundary recorded has been found defective and there is no dispute regarding the boundary.
2. The name of the landowner recorded in the re-survey was found incorrect and there is no dispute regarding ownership.
3. The area noted in the re-survey is incorrect.
The petitions of the above type are disposed off by Survey Department by conducting Survey Adalath.


28 comments:

  1. HI,
    The amount of corruption and mischief in the survey department is more than the psc appointment. Some of the cases are even more than crore. i am working abroad and muyself is a culprit. My own brother made a ALC subdivision sketch with 23% of my land as belongs to him. This land was having clear boudnaries, partiotion sketch but not registered. I came to know recently and in real shock of what to do

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  2. You file a petition before the Thaluk Land Surveyour for measurement of your property on the basis of the title deed. If re survey is completed in that area, you can file petition before the re survey superintendent for demarcation of your land. Thereby you can fix the boundary and construct boundary walls and protect your property intact. You can do it by your power of attorney holder, here in India. No need of physical presence. If further delay from dept., you can file a Writ Before the High Court.

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  3. hi,
    when I went to remit the tax for the current year
    I found the tax collected was less and the reason the village officer informed was that as per their fresh records after resurvey, my property has diminished by about 30 cent and advised me that this has to be rectified.

    please advise as to how. thank you.

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  4. file a petition against the anomaly in resurvey are per surveys and boundaries act.

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  5. hi,I have sold one acre land. after one year, the buyer complined that 48 cent become gornment property in resurvey. They are going file a case against me. I actualy brought this propery form another person 2 year back. have any responsility for me in this case.

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  6. They can file a cheating case against you. You can also filed a case for cheating and suppression of facts against the person whom you purchased the plot

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  7. Can I have your Contact Number? There were some issues related to re survey for my father in law..

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  8. i have a plot (10 cents) at kanjikuzhy in kottayam, we had purchased the land in 1986 and we built a house in 1995. a week ago i came to know that there is some place of my place is showing in prompoke in resurvey. but we have aadharam of full land. so please advise me how to rectify.

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  9. You can approach re-survey adalath. Or you can file petition to correct the anomaly as per surveys and boundaries act.
    Your prior deeds need also to be verified.

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  10. I have a property on Pattom - Kuravankonam road in Trivandrum. The resurvey field work was over by 2006 and it was to have been implemented by 2007. Still not happened! When is it likely to be implemented? Can the records be tampered with before the implementation?

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    Replies
    1. Even if you file complaint ,the authorities would say there is shortage of survey staff ,and won't come

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  11. File an application under RTI to the concerned re survey office.

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  12. Hi,
    I would like to know if you come to Trichur to meet you personally. Or any friend of yours who can help me with re survey issue case? Lots of trouble because of resurvey.

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  13. One of my colleague belong to Thrissur. But he rarely go there. U can call be over phone. Or let u know the alternative.

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  14. Hello sir,

    Can the re-survey adalaths be done at any time after finalising?.I heard that there is a time limit after which the land measurement cannot be done without the consent of both parties in dispute.I mean if one party is not co-operating then the land cannot be measured.Is that true?.

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  15. You can file a suit for fixation of boundary on the basis of title deeds.

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  16. i have a problem,my father purchased before 10 year,5 cent as a triangle shape of land.now after resurvey that land area is less than the document when we purchased.problem is taken place on one corner.our one nabour is taking little advantage for this corner as for his pathway.what i will do for this issue,where i can compliant the re survey issue?

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  17. If your land is reduced after resurvey, you can file petition under Kerala Surveys and Boundaries Act / Rules for rectification of the anomaly. You can also move Writ Petition for following up. You can also file an injunction suit against the neighbour who is trying for trespass.

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  18. We have two registration documents for two plots. One is too old of 35 cent and another one is 10 yr old of 6 cent. There is a problem in the new plot of 6 cent.ie resurvey shown as less than the actual. These to plots are in my father's name and he is no more. Now i would like to register one document (35+6=41 cent) in to my name. How i can resolve this resurvey issue i mean after registration in to my name or before

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  19. You can make a sale deed by adding the measurement and extent of the property which you pay the basic land tax. You can also mention the previous title deed measurement and actual measurement in the new deed.
    Or you can move under the provisions of re survey anomalies to add the lost portion of your land in to your possession

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  20. our road was too narrow for about 60 years(as per our grandparents) and 25 years ago we handed over to panchayat for tarring purpose by adding more lands from our properties.Recently we got sketch of our area from survey &land record office and we shocked to see that it is 6 meter(from ladder readings,30links)wide road.We learned that our area was not resurveyed in 1966 survey,and this was from 1927.How this kind of magic is happening?
    If it is corrected one then where from we get original sketch to rectify this?

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  21. What are the steps to be followed for fixing boundaries of the land owned by my minor son. Where there is any form for the application

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  22. I have a doubt regarding the type of land. the land is described as nilam in the adharam. but it is actually parambu. the owner says that it can be coverted to parambu in the next resurvey. is it possible?
    pls advice

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  23. why doesn't govt punish those irresponsible employees who made resurvey mistakes in the first place,The employees union have the backing of only employees who make up less than five percent of the total population of kerala and they are blackmailing 95 % percent of the population.

    Communist parties are only interested in the welfare of of govt employees and their leaders because they contribute a portion of illegal bribes to party funds while common man is suffering.

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  24. i have an ancestrol property in thrissur 18cents as per sales deed. i serve in indian armed forces and stay away from kerala. we had demarked poles of our boundary. however our neighbours took advantage of our prolonged absence and now the markation poles dis-appeared towards our boundary in east side. also they now applied for survey of their land. however to my shock, i was conveyed by taluk surveyor that my land is only 16cents as per survey sketch and i am entitled to only that, as there is no physical land available. my western and northern boundary is road. what shall i do now to get my land back.

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  25. Dear Sir, I have constructed boundary wall in my residential plot,after watching the boundaryline of my neighbour with his consent.After he remooved his boundary and taking canal water very close to my wall.Now water is passing through the boundarywall to my plot and can damage the wall.I requested him to do something to protect the wall but he is not ready. If anything I can do leagally.

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    Replies
    1. you can file a petition under section 133 of CRPC to the Sub Divisional Magistrate (RDO) or to the local body Secretary.

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