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Wednesday, November 24, 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.


75 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

    ReplyDelete
  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.

    ReplyDelete
  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.

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

    ReplyDelete
  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.

    ReplyDelete
  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

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

    ReplyDelete
  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.

    ReplyDelete
  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.

    ReplyDelete
  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?

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

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

    ReplyDelete
    Replies
    1. I have a similar issie...same pattom keshavadasapuram road......if the resurvey is not finalized,and a lot of people are affected,can the procedure be speeded up.....I mean to change the not final state to final state??

      Delete
  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.

    ReplyDelete
  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.

    ReplyDelete
  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?.

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

    ReplyDelete
  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?

    ReplyDelete
  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.

    ReplyDelete
  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

    ReplyDelete
  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

    ReplyDelete
  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?

    ReplyDelete
    Replies
    1. If the property is surrendered to the Panchayath for the purpose of making road, it must have been entered in the register maintained in Panchayath office. You may check the register, to see the width and lie of the road.

      Delete
  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

    ReplyDelete
    Replies
    1. apply for fixation of boundary under surveys and boundaries act.

      Delete
  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

    ReplyDelete
    Replies
    1. Usually, conversion in the nature of land are seen done in the re survey. In resurvey,the nature of your land can be changed. Also you can check the present status of your land by entering the survey number in the Gov records. It can be done online.

      Delete
  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.

    ReplyDelete
  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.

    ReplyDelete
    Replies
    1. You can file a suit for fixation of boundary on the basis of your title document and recovery of the property from those who are in possession of your property.

      Delete
  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.

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

      Delete
  26. I have a plot of 20 cents. Myself and family are NRIs and due to prolonged stay outside the said land's one-side boundary mark is disappeared. In the recent resurvey they have assessed only 16-3/4 cent. I came to know this only when I went to village office to pay the tax. I have made a complaint to Taluk Land Survey office and I had to return to Gulf. They assured that they will verify and inform my brother, but no response so far. Then I sent email to District Collector, Revenue Minister, Norka, but no response from anywhere. Could you please advise me what to do next.

    ReplyDelete
    Replies
    1. File a Writ Petition in High Court for directing the Re survey authorities to act upon your application

      Delete
  27. One peace of land cut in to three as part of inheritance in 1985. I decided to put up a boundary. As an NRI I am getting all kinds of problems. I want to resurvey the land and get a resolution so that I could construct a wall.

    ReplyDelete
    Replies
    1. file an application for demarcation of boundaries under surveys and boundaries act before the Survey authorities.

      Delete
    2. I found a tree of less economic value on boundary. I want that to be removed. If he ignore this concern, do I have any ground to remove this tree. There is no cost to him-tree removal or wall construction.

      Delete
  28. Sir, my wife and me has 22 cents of land at tvm where recently the re-survey has done. right from 2010 a complaint regarding boundary dispute was pending with dist sy. supdt. he after conducting joint survey had re fixed our boundary during may -12. mean while the re-sy was done on feb-12 aqnd irrespective of our objection they completed the sy. the sketch received during feb-13 and when we approached for correcting as per the Dist Sy.Supdt's sketch, they asked us to wait and approach village office where they will accept complaints. now the village office refused to alter the boundary. now how can i get the boundary corrected? please advise.

    ReplyDelete
  29. You can file a suit for fixation of boundary on the basis of title deed, before the local Munsiff Court or you can can approach the High Court for a direction to get your application for correction of anomaly in resurvey, get disposed within a time frame manner.

    ReplyDelete
  30. Hi Sir,
    In 1974 my dad bought a piece of land measuring 1 cent as pathway for getting vehicular road access to our house from the plot adjacent to our pathway at that time which measured only 10 links wide.The document has not been registered at that time since he constructed wall to the seller and the amount involved was very small. The document exists as agreement in my posession. The property is in our posession.
    Can I get it registered. How can I regularise it and get the ownership?
    Both the parties to the agreement are deceased.
    RAM

    ReplyDelete
    Replies
    1. You have to create a title deed through the legal heirs.. or in case of dispute you can claim easement rights.

      Delete
  31. Hello Sir,
    Can you give me your email id. please..I am an NRI. I have some issues due to the area noted in the resurvey is incorrect.

    ReplyDelete
  32. Dear Sir,
    I have typical problem on one of my properties ( wet land). My father purchased this land in 1964 and subseuqently in the year 1988 transferred to my name thru proper registration. The survey number as per records during 1964 till 2008 was same as per the tax receipts intially in father's name 'thandaper' follwed by my name after transfer in 1988. However recently when i approached village office for payment of tax understood the survey number of the property which I am having is different and the thandaper also in someone else name. Same time in my thandaper another survey number is shown for a higher area of another land which is maintained by another person in the same locality. Also after measurement came to know that the land which i am having reduced in size. Have made several written requests in village office, thaluk office and thaluk surveyor but of no result. Could you kindly advise how to proceed further. The property is Kollam dist. Await your valuable advise.

    ReplyDelete
    Replies
    1. Dear Sir,
      I have typical problem on one of my properties ( wet land). My father purchased this land in 1964 and subseuqently in the year 1988 transferred to my name thru proper registration. The survey number as per records during 1964 till 2008 was same as per the tax receipts intially in father's name 'thandaper' follwed by my name after transfer in 1988. However recently when i approached village office for payment of tax understood the survey number of the property which I am having is different and the thandaper also in someone else name. Same time in my thandaper another survey number is shown for a higher area of another land which is maintained by another person in the same locality. Also after measurement came to know that the land which i am having reduced in size. Have made several written requests in village office, thaluk office and thaluk surveyor but of no result. Could you kindly advise how to proceed further. The property is Kollam dist. Await your valuable advise.

      Delete
  33. Sir, We had purchased 8 cents of land in trivandrum a few years back.In the document it was mentioned that it is of 8 cents. We hadn't measured it then. Now we have made a partial agreement to sell it. We wrote an agreenment that the said 8 cents will be sold to the buyer. But after resurvey it was found that the total land is close to 9 cents. Will the buyer pay us the balance amount or it is not correct to ask them to pay-Kumar

    ReplyDelete
  34. You can claim the land on actual measurement. Normally, the term in the agreement for sale will be ____ per one cent of land. The additional land which is not in title can also be beneficially enjoyed by the owner.

    ReplyDelete
  35. It is very useful to have a service like this. Thank you very much. I seek your kind advice on the following -

    I bought a plot in Kakkanad along with my sister in 1994. Though the registration was done, mutation application was given only in 2007. It was received as a survey adalat file at Distirct Survey office, Ekm. After moving to Alwaye office and back to district office it was finally traced in Kanayannur Taluk survey office. In the meantime survey was done from Alwaye in 2008. After clearing some complications relating to sub division etc not caused by me which took over two years and a lot of follow up (but no bribe) now they say that the surveyor's documents show about 1.5 cents more than the document. The HS has been saying he will check but he neither kept his appointment given a month ago or is picking calls. What official recourse do I have(other than bribe) in getting the mutation done? Is there a complaint redressal mechanism?

    ReplyDelete
    Replies
    1. file a Writ Petition before High Court

      Delete
    2. how long it take to HC to consider the writ petition and may I know what is the charges

      Delete
  36. My father bought a property in 1964, build a house and compound wall on all sides and has been in possession of the land. When the reseurvey sketch was taken it showed a road going inside our property on one side. But when it was bought there was no such road and the document also did not refer to any such road. That is the reason why we build compound wall built around itself without anybody raising an issue. The BTR shows a sub-division consisting of the road in front (public road) and the road in the side (inside our plot). The document gives the area as '--- cents and more'. In those days the area was not measured in detail and the price is not given in cents but only the total value. On digital survey it is known that even after excluding the said road, there is the area mentioned in the document. What is the real status of this so called road which is and has been part of our plot for 50 years? How to get title for the same?

    ReplyDelete
  37. How can i know the name and address of the current owner(s) of the plots that are located at the boundaries of my plot ?
    Is there any web site or web service of the survey department where i can find these details?

    ReplyDelete
  38. Dear Sir,
    I have purchased 16 cents land 30 years ago with clear boundaries. For the past 22 years I have not paid land tax as I was abroad. Recently I went to village office to pay tax, they said as per resurvey my land is only 14.4 cents. Then I did actual measurement with the help of a village office staff, the land is 16.75 cents (means it is actually more than what is in the deed).
    1. How can I get this anomaly corrected? Should I appeal for 16 cents or 16.75 cents?
    2. If I pay land tax now as per 14.4 cents, will it mean that I accepted the re-survey and I will lose opportunity to appeal?
    3. Is there any deadline (time-limit) for filing appeal?

    Will be thankful for your reply.

    ReplyDelete
  39. You file a petition for correction of anomaly before the Survey Authorities. You can also approach the HC for getting a direction, producing the copy of the said petition.

    ReplyDelete
  40. Recently there was a survey conducted by the survey department for identifying theencroachments in the "poramboku land" adjoining the road near to my house. They found that I have encroached 40 centimeters into the road as per the new survey records. But when I collected the old survey records from the archives department, I found that there is no encroachment as per the old survey records. I would like to know that whether there is provision to depend on old survey record for fixing the boundary of my land?

    ReplyDelete
    Replies
    1. If there is any anomaly between the old survey and re survey, you can filed petition under surveys and boundaries act to rectify the anomaly

      Delete
  41. Sir,
    My father bought 14 cents of land 12 years back,in my name. I could not do the pokkuvaravu in village.They say there is only 2.5 cents left in records. I am paying tax for this ,but the thandapper in previous owner only. re survey not finished in this village. How can I fix this.

    ReplyDelete
    Replies
    1. Sir, I am an NRI. I want to build a house in this property. Is this ever possible in ithis land. Where can I get a help on this issue. Will be thankful for your reply. James,UK.

      Delete
  42. Hi,
    First of all thanks a lot for your supports.

    My father got his house and land from his father. One day some people came to our house and said they are from survey dept and after resurvey they found that abt 5 cent is more in our property compared to "aadharam" and they are demanding money.
    We dont know when they done the resurvey.
    We are planning to resurvey our own. If we found that some land is more than that mentioned in the deed what is the further procedure.
    Thanks in advance

    ReplyDelete
  43. Dear Sir,
    I am living in 7.25 cents in trivandrum. Recently when i went to pay karam in village they told us there is only 6.75 cents for me according to resurvey 2011.I bought this place and living for more than 15 years by now i have my own boundaries and walls for 15 years with correct karam cheets and document. Please advice sir what i can do further to get the full property back immediately as i work in sharjah i have to authorise my father for other document movements..
    Thanks
    God Bless

    ReplyDelete
  44. In title deed we have only 6.5 links(2.01168 meter)pathway to our house. Title deed was prepared in 1962. In resurvey the pathway is 2.6 meters and in actual the pathway is 3.7 meters.

    Our neighbour who has put the extra space is threatening us that they will take back the land they have put in. Is this possible for them to take back the land which they have given us in 1980's.

    ReplyDelete
  45. Petition to correct the boundaries in the court will take how may months or years please

    ReplyDelete
  46. You can ask under Right to Information Act, what is the reason for delay .

    ReplyDelete
  47. I request your advice in below query.I bought a land of 8 cents in 2012, the land is classified as purayidam in adharam and karabhumi in pattayam.In 2014 when we aproached the panchayath for taking permission for construction came to know that the income tax reciepts has the land types as DD and PW mixed and refused to give permission.What can be done ?What are the possible solutions ?

    ReplyDelete
  48. Dear Sir,
    I have 4Acr land and my old survey number is 2374, 2371, 2377.
    After resurvey they put 237/1AB.
    After few years they done another survey and i got another resurvey number in my land tax document, 182 -1 and 182-4.
    Now my latest land tax bill my latest resurvey number is 182/1-1, 182/1-2, 182/1-3, 182/1-4. (Total 4Acr)
    Last week ,when i went to subregistrar office to check the fair value of this property.
    That time they are telling this 182/1-1 is not your propery, its marked as Govt. property.
    If i deduct this 182/1-1, 1Acr is less from my old property.
    In this situation what can i do.

    Thanking You,
    Binu

    ReplyDelete
  49. Sir...

    I have bought a house with boundary wall in 2010.. It was then 1.21 ares(3cents).. Now they that it is 3.25 cents.. The Leland was transferred to my name immediately.. Now after the resurvey they say it is 1.31 ares.. Which is valid.. Will there be any issues..

    Kindly advise.. Thank you..

    ReplyDelete
    Replies
    1. You try to pay land tax for the extension also. And get the property entered in Basic Tax Register

      Delete
  50. Our land record has lost, where i can get the copy of record

    ReplyDelete
    Replies
    1. You can obtain a certified copy of the deed from the concerned Sub Registrar Office

      Delete
  51. sir,
    We have a land property in kottayam district , and a road is passing through this property. this road ends at an another persons property. we lives in very rural area of a gramapanchayath .....Actual width of this road is 3 Mtrs . and this road was a private road till before 5 months when we surrendered this road to gramapanchayath .we surrendered road only with 3 Mtrs width (10 feet ) [ I Think 10 feet is enough for gramapanchayath ] .

    In last week taluk surveyor is came to our place and fixes the width of road .using Resurvey Plan .
    he fixes the road width an average of 5 meter , and 6 meter in 2 points we lost our one row rubber trees.
    we asked to taluk surveyor about this anomaly

    Taluk surveyor says-: It is the mistake in resurvey in 1978 ,I'm helpless " A person moved an application to RDO to fix the Bountaries Of Road so we came to here and does our duty".

    We approach the thahasildar and he says "submit a complaint to district collector about this survey anomaly he can ony help you"
    somebody told me "complaint to the collector is very difficult ,it takes more time to come decision ,and without political influence we dont get justice

    Now What we can do sir ?
    can we correct the resurvey Plan via. applying to district collector ?




    ReplyDelete
  52. If you find the proceedings before the Collector, time consuming, you can file a Writ Petition before the High Court to get speedy disposal of your petition.

    ReplyDelete
  53. GOD bless you and your team for this blog

    ReplyDelete
  54. Very informative article. Thanks for sharing this post

    Land surveyors in Chennai

    ReplyDelete