Madhavan Namboothiri.M (Joint Director) 18 February 2014

Criminal complaint against taluk surveyor

Kindly let me know whether a criminal case can be filed against a govt. Taluk Surveyor for making error in the land boundary measurement (NOT as per approved Field Map sketch(FM sketch) provided by the Taluk authorities), under IPC sections?

If yes, can it be direct or under intimation to Govt, who are the persons to be included

Also please inform me whether I can get compensation for mistakes done in the measurement which forced me to proceed with appropriate actions with the authorities to get rectified, which consumed a lot of time, energy, money in addition to the mental agony I suffered.

Sincere thanks

MMNamboothiri

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5 Replies

Nitin Patel (Proprietor) 18 February 2014

Any criminal proceedings can be initiated only if criminal intent 'mens rea' can be reasonably proved. Baseless criminal proceedings can attract charge under s 211 ipc on the complainant. If the error in measurement is intentionally in aid of someone else then first communicate your grievance to him in writing and if he does not respond proceed criminal proceedings under s. 218 ipc for false preparation of records.

Nitin Patel (Proprietor) 18 February 2014

Compensation can be claimed after issuance of notice under s 80 crpc.

Nitin Patel (Proprietor) 18 February 2014

Note correction, CPC and not crpc.

T. Kalaiselvan, Advocate (Advocate) 19 February 2014

Yes, action envisaged under the provisions of law as explained by Mr. Nitin Patel may be initiated. Besides, you may even lodge a complaint with the Tahsildar/Collector against the alleged irregularities of the said surveyor seeking relief.

Madhavan Namboothiri.M (Joint Director) 21 February 2014

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