Sincere thanks to Mr.Nitin and Mr.Kalai Selvan for helping with the provisions in the law. But I have one doubt.
As per "The Kerala Survey and Boundaries Act, 1961" (and ,Amendments : 23 of 1972, 22 of 1994, 29 of 2007), clause 23 says ". Immunity for acts done or purporting to be done in good faith,-No suit, prosecution or other legal proceedings shall lie against any officer or the Government for anything which is in good faith done or purporting to be done under the provisions of this Act or the rules made thereunder."
erroneous measurement resulted in violation of my legal rights, which forced me to move further, wasting time, money and energy, in addition to mental agony.. It is as if to torture me.
In this situation, my doubt is, Is not erroneous measurements itself having the mens rea part?, because, intentionally, knowingly, wilfully, maliciously, fraudulently, dishonestly etc being considered as mens rea in IPC, is it necessary for proving further a guilty mind? Does not 120 B, 420, 409 , 34 etc. apply here?whether locus standi is there for filing a criminal complaint? To My knowledge for filing a civil suit against govt, notice as per sec 80 is required, but if criminal, is it essential?
As per the Act above" No suit, prosecution "... shall lie. Also, "anything which is in good faith done or purporting to be done under the provisions of this Act". Will these prevent my right to file a criminal complaint.? or I have to exhaust all time consuming executive remedies before filing a criminal case?
How can we interpret "done in good faith" in the Act above? or How can the surveyor defend on this?
Thanks & regards
M M Namboothiri