Constitution of India. W.P.(C)No.36657 of 2023 is filed by the
2. W.P.(C)No.37361 of 2024 is filed by the Hereditary Trustee
ii) To issue a Writ of Mandamus or any other appropriate
Writ, order or direction, directing the Respondent No.5 to
strictly comply with the comprehensive procedure laid down
in the Land Survey Standard Operating Procedure issued by
the Kerala Survey and land Records while conducting
resurvey;
and 37361 of 2024
2025:KER:41692
iii) To issue a Writ of Mandamus or any other appropriate
Writ, order or direction, directing the Respondent No.5 to
consider and comply the requests in Exts.P7 and to issue
necessary instructions to the survey officers to issue
intimation to the petitioners in the matter of resurvey of the
lands in which the petitioner Devaswom has got paramount
title and also to hand over copies of documents based on
which individual claims are laid in the Devaswoms lands."
3. The issue involved in both these writ petitions pertains to
the resurvey of the properties of the Devaswoms. According to the
petitioner in W.P.(C)No.36657 of 2023, the respondents are
conducting resurvey/digital resurvey in the lands in which the
Devaswom is having paramount title as per the Adangal register,
without verifying the genuineness of the persons who claim to
have possession of the land. In Kannur district, most of the landed
properties belonged to different Devaswoms on jenm right. There
are large extent of Devaswom lands occupied by various persons
without any valid documents. If such lands are registered in their
names, while conducting a resurvey without properly verifying the
validity and genuineness of such documents with notice to the
concerned Devaswoms, the properties of the temples/deity will be
and 37361 of 2024
2025:KER:41692
lost forever. Therefore, the petitioner seek appropriate directions
to the revenue officials in connection with the resurvey to be
conducted in Kannur district in the lands of various Devaswoms.
4. According to the petitioners in W.P.(C)No.37361 of 2024,
the Chirackal Kovilakam Devaswoms has extensive areas of
landed properties in Kannur district. There are persons in illegal
occupation of such lands on the basis of false documents. The
Devaswom has filed many cases against such identified
trespassers. If such Devaswom lands are registered based on
possession in the name of the persons who have no valid title
documents, and without properly verifying the validity and
genuineness of such documents, with notice to the concerned
Devaswom, the properties of the petitioner's Devaswom will be
lost forever.
5. The additional 9th respondent in W.P.(C)No.36657 of 2023,
who is the 5th respondent in W.P.(C)No.37361 of 2024, filed
counter affidavits dated 04.04.2024 and 09.01.2025 in the
respective writ petitions, raising almost the same contentions.
Paragraphs 2 to 6 of the counter affidavit filed in W.P.(C)No.37361
and 37361 of 2024
2025:KER:41692
of 2024 are reproduced hereunder for better appreciation of the
contentions of the respondents.
"2. The above writ petition is filed inter alia seeking a
direction against the respondent No.5 to strictly comply with
the comprehensive procedure laid down in the Land Survey
Standard Operating Procedure issued by the Kerala survey
and Land Records while conducting resurvey and such other
reliefs. It is submitted that by Government Order, G.O. (Rt)
No. 364/2021 27.08.2021/P & E.A dated 27.08.2021, the
Government of Kerala has permitted to complete the digital
survey of the remaining 1550 villages in the State of Kerala
within 4 years, under project work known as "Digital
resurvey of 1550 villages in the State". As a part of this
project, the digital survey process has also been started in
Kannur district using the modern survey equipments such
as RTK, RETS and Drone. Currently, digital survey work of
48 villages in Kannur district is to be completed in three
phases; 14 Villages in first phase, 14 Villages in second
phase, and 20 Villages in third phase. Out of 14 Villages in
the first phases, demarcation and observation has been
completed in 14 Villages. Also, publication under Section 9
(2) of the Kerala Survey Boundaries Act has been made. Out
of 14 Villages in second phase, publication under Section
9(2) has been made in 1 village completely and 1 village
partly. As regards the remaining 12 Villages, field work is
under completion. Survey of the third phase 20 Villages has
and 37361 of 2024
2025:KER:41692
just started. Under Digital Survey, the entire land in a Village
including Government Land and private land will be
surveyed by subdivision. The grievance exposed by the
petitioners is that the digital survey method will allow the
claimants who falsely claim to be in possession of
Devaswoms land to redetermine the land in their name on
the basis of false documents without verifying the validity
and genuiness, and as such, the properties of petitioner's
Devaswoms might be lost forever.
3. It is submitted that in the ongoing digital survey work in
the district, survey records will be prepared in the name of
the parties only if there is possession record of the holder,
the receipt of his tax payment for the year and the boundary
of the possession. Also, when starting the survey of a
village, the entire government lands are surveyed and
transferred to the name of the government according to the
existing revenue records at first. After re-fixing the
government land, private Land will be surveyed by checking
the records of the landholders, ascertaining the clear
boundaries of the place and preparing the survey records.
Devaswom Lands are also surveyed according to holdings.
Devaswom lands are registered in digital survey based on
possession in the name of persons who have valid and
genuine documents. Also, the process of grant of title as
regards devaswom land is through the Land Tribunal.
4. It is submitted that after completing the boundary
and 37361 of 2024
2025:KER:41692
demarcation under the Digital Survey/Reservey, publication
under Section 9(2) of the Kerala Survey Boundaries Act,
shall be made. After that, there are opportunities for
verifying the surveyed records by the general public and the
concerned landowners for One month and any
encroachments or deficiencies can be pointed out and
rectified. As such, the apprehension of the petitioners is
baseless.
5. It is submitted that at present every government and
private holding is demarcated by verifying all
Survey/Revenue records (including Adangal register), title
deed, possession and boundary. The Digital Survey carried
out in the district by following the existing revenue records
and validjenmam right in the land. If such lands have been
encroached upon at the time of conducting the survey, it is
possible to record the encroachment and take necessary
steps in that regard.
6. It is submitted that the petitioner prayed that a direction
has to be issued to the resurvey authorities to verify the
documents of persons when the jenmi of the property is a
devaswom as per adangal register and also issue intimation
of such claim to the petitioner Devaswom before registering
the name of private individual in the resurvey records.
Survey records will be prepared only after verifying the
existing records. By completing the field work in a village, a
draft record is prepared and published under Section 9(2) of
the Kerala Survey Boundaries Act. Upon publishing the
and 37361 of 2024
2025:KER:41692
notification, there are opportunities for verifying the
surveyed records by the general public and the concerned
land owners for One month and to point out any
encroachments or deficiencies as alleged above and rectify
them."
6. Heard the learned counsel for the petitioners, the learned
Special Government Pleader and the learned Standing Counsel for
the Malabar Devaswom Board.
7. The learned counsel for the petitioners would submit that
the only title deed available to the Devaswom in most of the cases
is the Adangal extracts. As far as digital land survey is concerned,
Ext.P8 Standard Operating Procedure ('SOP' for short) produced
in W.P.(C)No.37361 of 2024 was issued by the Department of
Survey and Land Records in the State of Kerala. It is without
following the said SOP, the survey authorities are proceeding with
the resurvey of Devaswom lands, which will result in registration
of the lands in the name of the encroachers who are in
unauthorised occupation of Devaswom properties.
8. On the other hand, the learned Special Government
Pleader would submit that the survey officials have no authority
and 37361 of 2024
2025:KER:41692
to decide the question of title. After completion of the survey, the
Survey Officer will determine and record the undisputed boundary
in respect of which no dispute is brought to his notice. As per
Section 9 (2) of the Kerala Survey and Boundaries Act, 1961 ( 'the
Act' in short), the decision of the Survey Officer under sub-
section(1) shall be published, against which appeal provision is
provided under Section 11 of the Act. Again, under Section 13A
of the Act, a revisional power is given to the District Collector. Any
person aggrieved by the decision of the Survey Officer can
approach the authorities concerned under Sections 11 and 13A of
the Act.
9. The Kerala Survey Boundaries Act, 1961 was enacted on
22.12.1961 with an object to consolidate, amend and unify the
law relating to the survey of lands and settlement of boundary
disputes in the State of Kerala. Section 2 (vi) of the Act defines
'survey'. As per the said Section, survey includes all operations
incidental to the determination, measurement and a record of a
boundary or boundaries or any part of a boundary and includes a
resurvey. As per Section 2(viii) of the Act, survey officer means
and 37361 of 2024
2025:KER:41692
any officer appointed by the Government as a survey officer under
Section 3. As per Section 3, the Government may by notification
in the Gazette, appoint any officer either by name or by virtue of
his office to be a survey officer for all or any of the purposes of
the Act.
10. A detailed procedure is provided under Chapter II of
the Act for conducting survey of lands which includes resurvey. As
per Section 4, the Government or subject to the control of the
Government or authority authorised by the Government in this
behalf, may, by notification in the Gazette order the survey of any
land or of the boundary of any land or of the boundary forming
the common limit of any Government land and any registered
land. As per Section 5, a registered holder of any land may apply
to, the Government or to any officer or authority authorised by the
Government in this behalf for the survey of his land on the ground
that portion of the land has been lost by sea erosion or action of
river. The manner in which the survey has to be conducted is
detailed in Sections 6 to 8 of the Act. Vast authority is given to the
survey officer as per sections 7 and 8 of the Act. As per Section
and 37361 of 2024
2025:KER:41692
8, every survey officer shall be bound to carry out the survey in
the manner prescribed; provided that for the purpose of speedy
survey of the vast area of land, the Government may by
notification in the official gazette authorise the concerned survey
officer to conduct the survey through aerial survey or other
suitable modern methods utilizing services of expert agencies
specified by the Government in the notification.
11. As per Section 9 of the Act, the survey officer has the
power to determine and record as undisputed any boundary in
respect of which no dispute is brought to his notice. As per Section
10, the survey officer has power to determine and to record a
disputed boundary with reasons. The recourse against the decision
of the survey officer taken under Sections 6, 7, 9 or 10 is provided
in Section 11 of the Act by way of an appeal to the prescribed
authority. As per Section 13, on completion of demarcation the
survey officer shall notify the fact in the Gazette, and a copy of
such notification shall be posted in the Village Office, if any of the
Village to which the survey relates. Unless the survey so notified
is modified by the District Collector under Section 13A or by a Civil
and 37361 of 2024
2025:KER:41692
Court under Section 14, the survey shall be conclusive proof of the
boundaries determined by the survey officer. As per Section 13A,
power of revision is given to the District Collector against the
completion of the demarcation under Section 13, if he is not
satisfied as to the legality of the determination on the ground of
any discrepancy, inaccuracy, defect or mistake of any kind crept
in such determination. As per Section 14 of the Act, any person
being aggrieved by the determination of the boundary under
Sections 9, 10, 11 or by an order passed by the Collector under
Section 13A may institute a suit within one year from the date of
notification under Section 13.
12. Provisions are made under Kerala Survey and Boundaries
Rules 1964, for inspection, upkeep and repair of survey marks by
the authority concerned. The Rules provide the procedure for
conducting survey, resurvey, effecting subdivisions, correction in
the previous survey measurements, etc.
13. The reading of various provisions in the Act and rules
would make it clear that a complete procedure is provided therein
for survey including resurvey of the land whether it is Government
and 37361 of 2024
2025:KER:41692
land or in the possession of a registered holder.
14. In Sabu v. Sasi [2022 (2) KLT 722], a learned Single
Judge of this court considered the essential components of a
survey map and their importance by appointing the Assistant
Director of Survey in Charge of Deputy Director of Survey,
Ernakulam as Amicus Curiae. In paragraph 14 of the judgment,
the learned Single Judge extracted the relevant portion of the
report submitted by the amicus curiae. Paragraphs 14 to 18 of
the judgment read thus:
"14. The relevant portion of the report submitted by the
Amicus Curiae is extracted below:-
"Surveying is the process of making such measurements as
will determine the relative positions of points on the surface
of the earth in order that the shape and extent of any
position of earth's surface may be ascertained and
delineated on a map or plan. A plan is therefore the
representation to some scale, of the ground and the objects
upon it.
xx xx xx xx
The following are the various components of a survey plan:-
a. G-Line: G-line outlines the making of the entire sketch.
It is an imaginary line that converts the sketch into various
sizes of triangles to fix the boundary lines and the various
and 37361 of 2024
2025:KER:41692
points in the sketch. Errors in G-line will affect all the
pertinent calculations.
b. F-Line: F-line signifies the actual field boundaries in the
outer lines of the sketch. Its points are fixed with reference
to its offset distance from the G-line.
c. Check-Lines: Check Lines are lines that divide a survey
field into triangles, so that off-sets can be laid to the field
line points, and thereby area can be calculated.
d. Sub-Divisional Lines: Subdivision lines demarcate a
small portion of land within a survey number. A sub-
divisional extent of a polygon is directly correlated to the
extent found for the particular subdivision. The subdivision
lines are generally defined through a ladder, or the likes of
it.
e. Ladder: The field line points are defined with reference
to an offset distance from the G-line or check line. The offset
distance may deviate to the left or right side of the G-line.
This left or right angle deviation is highlighted by the ladder.
f. Extension Lines: Each survey number field forms a
crucial part of the village map, and as a result of it, other
fields surround each sketch. The precise direction wherein
the subject field joins the neighbouring field is depicted on
the survey map as an extension line.
g. Neighbouring Field Survey Nos. : The other fields
surround each of the survey sketches. These surrounding
field numbers are marked around each FMB.
h. Off-set: It is the perpendicular distance which is the least
and 37361 of 2024
2025:KER:41692
distance to a point measured from a G line or Checkline. In
a Survey, the position of the details such as boundaries,
buildings, roads etc. is located with respect to the
Surveyline by means of lateral measurement taken at right
angles to the survey line. Every offset has two
measurements 1) the distance along the chainline called
Chainage and 2) the length of the offset.
i) Field Measurement Sketch/FM Sketch: Field
Measurement of a field is a plan plotted to scale in the field
measurement sheet with triangulation measurements and
offsets. As a rule, the top of the page will represent north,
but when it does not, the north point line should be shown.
Measurements of F lines, G lines and Checklines are
recorded in the sketch.
The G line measurements, Check lines measurement and
offsets are neatly entered in the 'ladder' in the FM sheet.
Offset are numbered in series in red ink from the bottom of
the ladder.
The direction of adjoining field boundaries, and adjoining
survey numbers are entered in the sides of the field.
The ladder is necessary to plot the field and verify the shape
and area of the field. It is not possible to plot and calculate
area or refix the field with boundary measurements only.
j) Measurement of Fields: An Eyesketch of the field to be
surveyed is prepared before taking the measurements. All
side and subdivision boundaries measured are noted in the
Eyesketch. Junctions are named A, B, C, D etc. G lines
and 37361 of 2024
2025:KER:41692
connecting trijunctions are then measured. Offsets are
taken for field boundary bends from G lines. Offsets for
subdivision points are taken from checkline. Offsets are
recorded in the field book (Ladder) on the left or right of the
line. Each point of the field can be refixed using this ladder.
15. The principle of `Chain surveying' is to divide the field
into a framework of triangles. The sides of a triangle are
measured directly in the field. Each field is divided into
triangles by chaining lines called Diagonal or Check-lines
from tri-junction to tri-junction and the Offsets taken from
G-line or Check-line to the bend points.
16. The Amicus Curiae submitted that Ext.C3(a) plan is
styled as a field measurement sketch (FM Sketch). An FM
Sketch shall contain `F-line', `G-line', 'Check-line' and
'Offset' measurements. The `G-line' measurements, Check-
line' measurements and 'Offset' are entered in the 'Ladder'
in the FM sheet. In addition, the direction of adjoining field
boundaries and adjoining survey numbers are entered on
the sides of the field. 'Ladder' is necessary to plot the field
and verify the area of the field. It is impossible to plot and
calculate the area or re-fix the field with the aid of boundary
measurements (F-lines) only. To re-fix the field 'G-lines',
'Check-lines', F-lines' and 'Offsets' are required. A survey
plan becomes complete and self-explanatory only when it
contains the requirements mentioned above.
17. Ext.C3(a) plan contains only `F-lines', which cannot be
used to find the area of any of the properties described
and 37361 of 2024
2025:KER:41692
therein and to identify the boundaries of the properties.
Ext.C3(a) plan relied on by the Courts below has not been
prepared following the requirements mentioned above. It is
impossible to ascertain how 'C' schedule property was
identified as 617 sq.links by the surveyor from Ext.C3(a)
Survey Plan. `G-line', `F-line', and 'Sub-Divisional Lines'
are necessary for plotting and re-fixing the boundary of a
property and 'Check-line' and 'Ladder' are necessary for
computing the area of the property surveyed. Ext.C3(a)
plan, which is made part of the decree is not useful to find
the area of the property depicted therein and to fix the
boundaries of the property.
18. It is pertinent to note that the appellant had questioned
the veracity of Ext.C3(a) plan in the Trial Court itself. A
specific objection was raised, stating that the plan was
incomplete. In the objection to the Commission Report and
plan, the appellant contended that the area of the property
could not be tabulated from the plan and boundaries cannot
be fixed due to the lack of diagonal lines. The Trial Court and
the First Appellate Court lost sight of those vital aspects
while decreeing the suit. Ext.C3(a) is insufficient to identify
the properties in dispute. The Trial Court and the First
Appellate Court ignored the fact that Ext C3(a) plan was
incomplete, even when the appellant raised such a
contention in the Trial Court itself."
15. It is trite that the powers invested on the Survey
and 37361 of 2024
2025:KER:41692
Officers as well as the District Collectors under the Kerala Survey
Boundaries Act is only to determine the boundaries of the land
and not to decide title to the properties.
16. In Cochin Devaswom Board v. Union of India
[2023 (6) KHC 328], this court held thus:
"13. S.2(vi) of the Kerala Survey and Boundaries Act, 1961
defines 'survey'. Survey includes all operations incidental to
the determination, measurement and record of a boundary
or boundaries or any part of a boundary and includes a
resurvey. True, it is an inclusive definition. But this definition
or any other provision in the Act confers power on the
survey authorities to decide a question regarding title to a
property. S.4 of the Act empowers the Government or,
subject to the control of the Government, the officer
authorised in this behalf, may by notification in the Gazette,
order the survey of any land or of any boundary of any land
or of the boundary forming the common limit of any
Government land and any registered land. A land owner
may under S.5 of the Act apply for survey of his land on the
ground that a portion of his land has been lost by sea
erosion or action of river. When a survey is ordered under
any of the said provisions, S.6 of the Act insists on the
Survey Officer to publish a notification in the Gazette in the
prescribed manner inviting all persons having any interest
and 37361 of 2024
2025:KER:41692
in the land or in the boundaries of which the survey has
been ordered, to attend either in person or by agent at a
specified place and time and from time to time thereafter
when called upon for the purpose of pointing out boundaries
and supplying information in connection therewith.
14. S.13 of the Kerala Survey and Boundaries Act declares
that when the survey of any land or boundary which has
been notified under S.4 or ordered under S.5 has been
completed in accordance with the orders passed under S.9,
S.10 or S.11, the Survey Officer shall notify as prescribed
therein. Unless the survey so notified is modified by an order
of the Collector under S.13A or is modified by a decree of a
Civil Court under the provisions of S.14, the record of the
survey shall be conclusive proof that the boundaries
determined and recorded therein have been correctly
determined and recorded.
15. Under Section 9 of the Act the Survey Officer has power
to determine and record as undisputed any boundary in
respect of which no dispute is brought to his notice. As per
Section 10 of the Act, where a boundary is disputed, the
survey officer shall after making such inquiries as he
considers necessary, determine the boundary and record it
in accordance with his decision with reasons in writing for
arriving at that decision. Those provisions make it clear that
the powers invested on the Survey Officers as well as the
District Collectors under the Act is only to determine the
boundaries of the land and not to decide title to the
and 37361 of 2024
2025:KER:41692
properties. Its corollary is that the survey authorities or the
District Collector shall not decide the question of the title
based on resurvey records."
17. Though the petitioners claim that the resurvey has
been conducted by the respondents in the Devaswom properties
without properly verifying the documents and the same results in
registration of the properties in the name of encroachers in the
revenue records, no such instance was pointed out in the writ
petitions. Similarly, to accept the contention of non-following of
Ext.P8 SOP issued by the Department of Survey and Land Records
by the Survey Officers also no specific instance is pointed out in
the writ petitions.
18. Having considered the pleadings and materials on
record and the submissions made at the Bar, in the light of the
provisions referred to above, we deem it appropriate to dispose of
these writ petitions, taking note of the stand taken by the
respondents in the counter affidavits filed in the respective writ
petitions. We are sure that while conducting the resurvey, the
Survey Officer will be guided by Ext.P8 SOP, published by the
and 37361 of 2024
2025:KER:41692
Department of Survey and Land Records, specifically for guiding
its officials for conducting proper survey.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
and 37361 of 2024
2025:KER:41692
APPENDIX OF WP(C) 36657/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION THROUGH RTI ACT
AND REPLY INFORMATION DATED 09-02-2021 ISSUED
BY THE PUBLIC INFORMATION OFFICER, VELLAD
VILLAGE.
Exhibit P2 TRUE COPY OF THE ORDER DATED 13-04-2023 IN
W.P.(C) NO. 8851 OF 2020 OF THIS HON'BLE
COURT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 04-12-
2022 SUBMITTED BY THE PETITIONER TO THE 5TH
RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 04-12-
2022 SUBMITTED BY THE PETITIONER TO THE 6TH
RESPONDENT
and 37361 of 2024
2025:KER:41692
APPENDIX OF WP(C) 37361/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SCHEME OF ADMINISTRATION
DATED 29-05-1972 OF THE PETITIONERS' TEMPLE
Exhibit P2 TRUE COPY OF THE ADANGAL EXTRACT DATED 12-
04-2018 ISSUED BY THE VILLAGE OFFICER, EZHOME
VILLAGE
Exhibit P3 TRUE COPY OF THE ADANGAL EXTRACT DATED 24-
11-2016 ISSUED BY THE VILLAGE OFFICER, MADAYI
VILLAGE
Exhibit P4 TRUE COPY OF THE INFORMATION DATED 09-02-2021
ISSUED BY THE PUBLIC INFORMATION OFFICER,
VELLAD VILLAGE
Exhibit P5 TRUE COPY OF THE ORDER DATED 13-04-2023 IN
W.P.(C) NO. 8851 OF 2020 OF THIS HON'BLE
COURT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 01-08-
2024 SUBMITTED BY THE 1ST PETITIONER TO THE
8TH RESPONDENT DEVASWOM
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 18-09-
2024 SUBMITTED BY THE 1ST PETITIONER TRUSTEE
TO THE 5TH RESPONDENT
Exhibit P8 TRUE COPY OF THE DIGITAL LAND SURVEY STANDARD
OPERATING PROCEDURE - CERSION I ISSUED BY THE
KERALA SURVEY AND LAND RECORDS DEPARTMENT.
