(Updated in 2023) As Amended by S. R. O. No. 22/2024 dt. 06/01/2024 - Amendments in Rule 2(aa), 2(ca) to (ce), Rule 3, Rule 8, Rule 24, Rule 53(c), Rule 114A, Rule 116A, Rule 117A, Rule 118, Rule 119 (marginal heading), 119(2), Rule 122, Rule 123A and Rule 125 Notification No. G. O. (P) No. 70/2017/RD. dt. 24/11/2017, published as S.R.O. No. 772/2017 in K. G. No. 2600 dt.28/11/2017 Notification No. 32726/E3/96/RD dated 05/07/1997 and G. O. (Rt.) 2274/74/RD dated 22/11/1974 published as SRO No. 919/74 in K. G. No. 51 dt. 17/12/1974 S. R. O. No. 255/64.- In exercise of the powers conferred by Section 22 of the Kerala Survey and Boundaries Act, 1961 (Act 37 of 1961) the Government of Kerala hereby make the following rules the same having been previously published as required by sub-section (1) of the said section, namely:-

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S.ORIGINAL SURVEY AND RESURVEYS

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Legal Commentary on Kerala Survey and Boundaries Rules, 1964 – Section: Original Survey and Resurveys

Introduction

The Kerala Survey and Boundaries Rules, 1964, along with the Kerala Survey and Boundaries Act, 1961, establish the legal framework for conducting land surveys, demarcations, and re-surveys within the State of Kerala. These provisions aim to determine, record, and finalize boundaries of land parcels, ensuring clarity in land rights, preventing disputes, and maintaining accurate land records. The rules delineate procedural norms for survey operations, including the marking of boundaries, notification, and record finality, while also addressing the scope and limitations of survey actions, especially in the context of original surveys and subsequent resurveys.

What does the Section Say?

The section on Original Survey and Resurveys primarily emphasizes that:- Surveys are conducted to determine and record boundaries based on operations incidental to measurement and record of boundaries [Section 11, Kerala Survey and Boundaries Act, 1961].- The initial survey is notified, and unless modified by a civil court decree or an order of the Collector (under Sections 13 and 13A), the survey record is conclusive proof of the boundaries recorded [Section 13].- Resurveys are undertaken periodically or as necessary, to update boundary records, and are based on operations specified in the Act [Section 21].- The finality of survey records is protected, and the survey officer’s orders are generally final unless challenged within prescribed legal limits [Section 13].- The scope includes both initial surveys and subsequent resurveys, with procedural safeguards to prevent arbitrary reclassification or boundary alterations [Section 6, Kerala Survey and Boundaries Rules, 1964].

Essential Ingredients

• Notification and Publication: Proper notification in the Gazette following survey operations (Section 4, Kerala Survey and Boundaries Act, 1961).
• Record Finality: Unless modified by a court decree or Collector’s order, the survey record is conclusive [Section 13].
• Survey Operations: Determination and measurement of boundaries, identification of natural or man-made markers, and marking of survey stones [Section 11, Rules].
• Re-survey Procedures: Periodic or special surveys to update records, based on operations under Sections 21 and 22.
• Legal Challenges: Suit for boundary disputes must be filed within specified limitation periods (generally three years under Section 14), and cannot challenge the survey record unless legal procedures are followed [Section 14].
• Limitations: The survey’s scope is confined to boundary determination; it does not decide ownership or title [Section 10].

Scope of the Section

The scope encompasses:- All operations related to the determination, measurement, and recording of land boundaries within Kerala.- Original surveys conducted for establishing boundaries at the time of settlement or demarcation.- Resurveys undertaken periodically or for specific purposes such as updates, corrections, or boundary clarifications.- The finality of survey records, which serve as conclusive evidence unless legally challenged.- The procedural safeguards to prevent arbitrary or unauthorized modifications, reclassification, or boundary alterations.

Punishment for Section

The Kerala Survey and Boundaries Act, 1961, and Rules do not specify explicit criminal penalties for violations of the survey procedures or wrongful reclassifications. However:- Actions taken without lawful authority or in violation of procedural safeguards can be declared null and void [Section 13, Kerala Survey and Boundaries Act, 1961].- Unauthorized reclassification or boundary alterations, especially without following prescribed procedures, are deemed illegal and can be subject to judicial review and quashing orders.- Disobedience or illegal acts by officers in conducting surveys or re-surveys may attract departmental or disciplinary actions, but specific criminal penalties are not directly prescribed under the Act.

Legal Comments

• Finality of Survey Records - The survey record, once notified and not modified by a court or Collector’s order, is conclusive proof of boundaries, preventing subsequent disputes based solely on survey data [Section 13, Kerala Survey and Boundaries Act, 1961].
• Scope of Resurveys - Resurveys are meant to update boundary records based on physical operations; they do not alter ownership rights unless challenged and modified through proper legal proceedings [Section 21].
• Limitations and Challenges - Suit for boundary disputes must be instituted within three years of notification; beyond this, the survey record remains binding [Section 14].
• Procedural Safeguards - Proper notification, publication, and opportunity for objections are mandatory; failure to adhere renders the survey or re-survey illegal [Rules 56, Kerala Survey and Boundaries Rules, 1964].
• Reclassification of Land - Reclassification after a resurvey without authority or proper procedure is invalid; actions taken without statutory backing are liable to be quashed [Kerala High Court decisions].
• Boundary Marking - Boundary demarcation involves physical markers, survey stones, natural or artificial markers, and adherence to technical standards [Rule 56, Kerala Survey and Boundaries Rules, 1964].
• Scope of Operation - The scope includes initial surveys, re-surveys, and boundary corrections; however, the survey does not determine ownership or title [Section 10].
• Legal Challenge and Limitation - Parties must challenge survey records within three years of notification; otherwise, the record becomes final and binding [Section 14].
• Legal Effect of Resurvey - Resurvey records are final unless legally set aside; they serve as evidence but do not confer or extinguish title [Supreme Court judgments].
• Procedural Violations - Any act of reclassification or boundary modification without following statutory procedures is illegal and can be challenged in courts [Kerala High Court].
• Boundary Disputes - Disputes over boundaries should be resolved through civil suits within the prescribed limitation period, not by unilateral acts or illegal re-surveys [Section 14].
• Role of Survey Officer - The survey officer’s role is limited to boundary measurement; they do not adjudicate ownership rights [Section 10].
• Record of Survey - The record of survey, when notified, is presumed correct unless challenged and set aside through proper legal procedures [Section 13].
• Legal Integrity of Survey Operations - Acts of survey and re-survey must be conducted in accordance with law; illegal acts are subject to judicial review and invalidation [Court decisions].
• Boundary Marking and Natural Markers - Boundary determination often relies on natural markers like trees, natural features, or artificial markers, which are to be recorded accurately [Rules 56, Kerala Survey and Boundaries Rules, 1964].
• Impact of Re-survey on Ownership - Re-survey records are evidence of physical boundaries but do not alter ownership; ownership is to be proved through title deeds and legal documents [Supreme Court].
• Legal Validity of Re-survey - Valid re-surveys are those conducted following statutory procedures, properly notified, and with opportunity for objections; illegal surveys are liable to be nullified [Court judgments].

Scope of the Section

The section applies broadly to:- All operations of boundary determination, measurement, and record-keeping under the Kerala Survey and Boundaries Act, 1961.- Both initial surveys and periodic resurveys aimed at updating physical boundaries.- Actions undertaken by authorized survey officers, Collector, or designated officials.- Disputes over boundaries which are to be resolved via civil suits within the statutory limitation period.- Preservation of the finality and legal sanctity of survey records, with safeguards against arbitrary or illegal modifications.

Conclusion

The Kerala Survey and Boundaries Rules, 1964, in conjunction with the Kerala Survey and Boundaries Act, 1961, establish a comprehensive statutory regime for land boundary determination, emphasizing procedural correctness, record finality, and limitations on challenges. The legal framework ensures that boundaries are fixed based on physical operations and recorded reliably, with finality protected unless challenged within prescribed limits. Illegal reclassification or boundary alterations without statutory authority are invalid and subject to judicial review, safeguarding land rights and preventing disputes.

Note: The above commentary synthesizes the legal provisions, judicial interpretations, and procedural safeguards from the supplied sources, emphasizing the importance of following lawful procedures for surveys, re-surveys, and boundary determinations under the Kerala Survey and Boundaries Act, 1961, and Rules.

S.CORRECTION OF PREVIOUS SURVEY MEASUREMENTS

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Legal Commentary on Kerala Survey and Boundaries Rules, 1964

Section: Correction of Previous Survey Measurements

Introduction

The section on "Correction of Previous Survey Measurements" under the Kerala Survey and Boundaries Rules, 1964, governs the procedures for rectifying errors in land surveys, especially when discrepancies in measurements or boundaries are identified post-survey. It emphasizes the authority of designated officers to amend records to reflect accurate boundaries, ensuring legal clarity and preventing disputes.

What does the Section Say?

The section provides that corrections to previous survey measurements can be made when errors are identified, particularly if the correction involves a change exceeding a specified percentage (commonly 5%) in the recorded area. It mandates that such corrections be carried out following formal procedures, with prior approval from competent authorities, and ensures that the corrected record reflects the true boundaries based on accurate measurement and demarcation.

Essential Ingredients

• Authority of the Revenue Officer or Survey Officer to rectify measurement errors.
• Requirement of prior approval or sanction from the District Collector or other designated authority.
• Conditions under which correction is permissible, especially when the change exceeds a certain threshold (e.g., 5%).
• Proper documentation, including revised survey maps and record entries.
• Adherence to instructions and guidelines issued by the Financial Commissioner or relevant authority.
• Provision for appeals or objections against corrections.

Scope of the Section

This section applies to:- Errors in measurement or boundary delineation identified after a survey.- Corrections involving changes in the recorded area or boundary lines.- Revisions necessitated by natural changes, measurement mistakes, or boundary disputes.- All land surveys conducted under the Kerala Survey and Boundaries Act, 1961, and Rules, 1964.- Cases where correction affects land records, patta, or revenue assessments.

Punishment for Section

The section itself primarily deals with procedural rectification and does not prescribe specific criminal penalties. However, improper or unauthorized corrections, such as illegal amendments or falsification of records, may attract penalties under relevant provisions of the Indian Penal Code, applicable land laws, or administrative misconduct rules.

Legal Comments

• Authority to Rectify - The power to correct survey measurements resides with the Revenue Officer or Survey Officer, provided procedural safeguards are followed [Kerala Survey and Boundaries Rules, 1964, Section 7(3)].
• Threshold for Correction - Corrections involving more than 5% change in area require prior sanction, ensuring that minor discrepancies do not lead to unnecessary amendments [Kerala Survey and Boundaries Rules, 1964].
• Procedural Safeguards - Corrections must be supported by proper survey reports, revised maps, and record entries, maintaining transparency and accountability [Dr. Thomas Mattathil v. District Collector].
• Finality and Record - Once corrected and approved, the survey record becomes conclusive evidence of boundaries, barring subsequent legal challenges [Kerala Survey and Boundaries Act, 1961, Section 13].
• Limitations - Corrections cannot be made arbitrarily; they require adherence to prescribed procedures, and unauthorized amendments may be invalid and subject to legal scrutiny [Section 60 of the Rules].
• Role of the Collector - The District Collector's sanction is essential for corrections involving significant boundary or measurement changes, acting as a safeguard against arbitrary modifications [Kerala Survey and Boundaries Rules, 1964].
• Disputes and Appeals - Parties aggrieved by corrections can challenge the same through appeals or civil suits, but the survey record, if properly corrected, holds evidentiary value [Kerala Survey and Boundaries Act, 1961].
• Natural Changes - The rules acknowledge natural changes in land boundaries due to erosion, accretion, or other factors, which can be grounds for correction [Section 9 of the Act].
• Legal Effect of Corrections - Corrected survey records, after due approval, are deemed final and binding for all legal purposes, including title and possession [Kerala Survey and Boundaries Rules, 1964].
• Prevention of Malpractice - Unauthorized or fraudulent corrections may constitute administrative misconduct or criminal offence, attracting penalties under applicable laws [Indian Penal Code].
• Relevance in Land Disputes - Accurate survey corrections are crucial in resolving boundary disputes, especially when old records are inconsistent or ambiguous [Section 13A of the Act].
• Procedural Compliance - Strict compliance with the rules ensures the legitimacy of corrections, preventing misuse or manipulation of land records [Kerala High Court precedents].
• Impact of Errors - Errors in measurement or boundary delineation, if uncorrected, can lead to protracted litigation, loss of land rights, or illegal encroachments [Kerala Survey and Boundaries Rules, 1964].
• Re-survey and Corrections - Re-surveys conducted under statutory provisions must be followed by appropriate corrections, with adequate documentation and approval [Section 21 of the Act].
• Legal Certainty - Proper correction procedures promote legal certainty in land transactions, title verification, and revenue assessments [Kerala Survey and Boundaries Act, 1961].

In summary, the Kerala Survey and Boundaries Rules, 1964, establish a structured mechanism for correcting measurement errors, emphasizing procedural integrity, authority of designated officers, and finality of records, thereby safeguarding land rights and maintaining administrative order.

Note: The above commentary synthesizes principles from judicial precedents, statutory provisions, and authoritative guidelines, ensuring a comprehensive legal understanding of the section.

S.Rule 1 Short title and commencement.

(1) These rules may be called the Kerala Survey and Boundaries Rules, 1964.

(2) They shall come into force on the first day of September 1964.

S.Rule 2 Definitions.

In these Rules, unless the context otherwise requires:--

 (a) "Act" means the Kerala Survey and Boundaries Act, 1961 (Act 37 of 1961);

 ²[(aa) "Digital Survey" means the process of surveying and mapping of land using modern survey equipment and software;]

 (b)  "Field mark" means the mark placed at the bends and junctions on the boundaries of survey fields and sub-divisions and includes marks placed on village boundary, khandam boundary and other off-set stones;

 (c)  "Form" means a form appended to these rules;

 ³[(ca) "Global Navigation Satellite System (GNSS)" means a network of satellites and receiving devices used to determine the location of survey points;

 (cb) "Ground Control Point" means the station established by Global Navigation Satellite System ;
 
 (cc) "Modern Survey Instrument" means any electronic survey instrument used for land survey;

S.¹[Rule 3 Specifications of survey marks.--

Survey marks shall ordinarily be stones of durable quality, namely, granite stones, concrete blocks or any other durable material block of the following descriptions and dimensions:--

(1) Field stones.-- Granite stones, concrete blocks or any other durable material block of durable quality roughly squared of approximate dimensions 60 cm x 15 cm x 15 cm with a coconut tree mark 1 cm deep cut on the side;

(2) Theodolite stones.-- Granite stones, concrete blocks or any other durable material block of durable quality roughly squared of approximate dimensions measuring 60 cm x 15 cm x 15 cm with a plummet hole, 1 cm deep cut on the top and a coconut tree mark 1 cm deep cut on one side;

(3) (a) Primary GCP.-- Concrete block of durable quality, roughly squared of approximate dimensions 1m x 1m x 1m with a metal plate on top;

(b) Secondary GCP.-- Concrete block of durable quality roughly squared of approximate dimensions 80cm x 80cm x 80cm with a metal plate on t

S.Rule 4 Symbol for identification.

The following symbols shall also be cut on Theodolite and field stones to facilitate identification:--

 (a)  on a theodolite stone at a village trijunction, a triangle one cm. deep enclosing the plummet hole;

 (b)  on a theodolite stone at any other point on the village boundary, two parallel lines one cm deep, one on either side of the plummet hole and parallel to the boundary line;

 (c)  on a theodolite stone on a khandom boundary, a circle one cm deep enclosing the plummet hole;

 (d)  on all other theodolite stones plummet hole one cm. deep on the top;

 (e)  on a Field stone on the boundary of a village plus mark (+) one cm. deep on the top; and

 (f)  all survey marks erected during town survey shall have in addition to the above marks a square of 7cm. side cut one cm deep on the top.

S.Rule 5 Symbols on survey marks on frontier boundaries.

(1) In the case of survey marks on the frontier boundaries, symbols of the neighbouring States shall also be cut on the respective sides.

(2)  The stones erected by other Departments on boundaries of lands may be recognised a survey marks if the proper symbols as provided under Rules 3 and 4 are cut on them and if their specifications are not below those described under Rule 3.

S.Rule 6 Survey marks on rocks.

When stones cannot be planted owing to the position of a survey mark falling on a rock, the survey mark shall be cut on the rock. Squares of 20cm. side or 15cm. side as the case may be shall be chiselled on the rock, and the Coconut tree mark shall be cut adjoining the square. The distinguishing symbols mentioned in Rule 4 shall also be cut inside the square according to the nature of the boundary.

S.Rule 7 Survey marks in special tracts.

(1) In low-lying lands and back waters the sizes on the theodolite stones shall vary from 150cm. x 20cm. x 20cm. to 250cm. x 20cm. x 20cm. and field stones shall be of dimensions varying from 100 cm. x 15cm. x 15cm. to 200cm. x 15cm. x 15cm. according to the needs of locality.

(2)  When water in the low lying lands and backwaters is too deep even for stones of the size mentioned in sub-rule (1), hard and stout coconut stems with the coconut tree mark painted in tar on the side near the top, shall be planted firmly so that a length of at least one metre may be buried under the ground and a length of above 50cm. may be visible above high water-level.

(3)  In exceptional cases, where survey marks of the prescribed quality and dimensions cannot be obtained at reasonable cost, the Director of Survey and Land Records shall for reasons to be recorded in writing prescribe suitable survey marks.

S.Rule 8 Service of notice.

All Notices and communications required under the Act shall be in writing ¹[or by email or through other electronic media]. When the registered holder or other person on whom any of the notices or Communications under the Act have to be served is not available, service may be effected by delivering the notice or communication to some adult member of his family at his usual place of residence or to his authorised agent or by affixing it on some conspicuous part of his last known residence or on some conspicuous part of the land to which the notice or communication relates. When service is effected by so affixing the notice, the serving officer shall note the method of service on the form of acknowledgement which is returned to the officer issuing the notice or communication.

S.LAND RECORDS MAINTENANCE

S.DEMARCATION AND SURVEY OF REGISTERED BUT UNSURVEYED SUB-DIVISIONS

S.SURVEY OF MINOR CIRCUIT FIELDS

S.SURVEY OF VILLAGE SITES MUNICIPAL TOWN AND CITIES

S.RECOVERY OF COST

S.DELEGATION OF POWERS

S.¹[PREPARATION OF SURVEY MAP FOR REGISTRATION OF TITLE DEEDS

S.1

FORM No. 1

[See Rule 10]

FORM OF NOTICE UNDER SECTION 15 OF THE KERALA
SURVEY AND BOUNDARIES ACT, 1961

To
	.................................... of..................Village

Take notice that the survey marks as per the subjoined Statement for the maintenance of which you are responsible/jointly responsible require repair or renewal and that, in default of your executing the necessary renewal/repair

S.2

NOTIFICATIONS

I

In exercise of the powers conferred by sub-section (2) of Section 1 of the Kerala Survey and Boundaries Act, 1961 (Act 37 of 1961), the Government of Kerala hereby appoint the first day of September, 1964, as the date on which the said Act shall come into force. (Notn. No. G.O. (P) 544/64/Rev. dt. 26/08/1964 in K. G. Ex. No. 106 dt. 29/08/1964).

II

S. R. O. No. 570/83.— In exercise of the powers conferred by sub-sections (1) and (2) of Section 3 of the Kerala Survey and Boundaries Act, 1961 (37 of 1961), and in supersession of the notification is

S.Kerala Survey and Boundaries (Amendment) Rules, 2024 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA

Revenue(E)Department

NOTIFICATION

G.O(P) No.4/2024/RD Dated, Thiruvananthapuram,4th January 2024 S. R. O. No. 22/2024 In exercise of the powers conferred by section 22 of the Kerala Survey and Boundaries Act, 1961 (37 of 1961), the Government of Kerala after having previously published the draft rules calling for objections and suggestions, issued G.O.(P) No.259/2023/RD dated 6th October, 2023 and published in the Kerala Gazette Extraordinary No.3301 dated 9th October, 2023 as required by the said Act and having received no objections or suggestions thereon, hereby makes the following rules further to amen