CHENNAI: Without full facts, a case cannot survive on legal grounds alone
Q: In a case of land acquisition in Tamil Nadu under the LA Act, 1894, the relevant LAO and the jurisdictional Registrar have not complied with section 88(2)/69(gg) of the Indian Registration Act, 1908 and the following rules of the Tamil Nadu Registration Rules 1949 and the SOs of Tamil Nadu Registration Department Standing Orders. Non-compliance with numerous and applicable rules of law effectively constitutes gross statutory negligence on the part of the relevant officials failing to impart constructive notice to the world and leading to the issue of erroneous encumbrance certificates etc.
The acquisition has thus been arbitrary, capricious and in utter disregard of the Rule of Law and thus violative of Articles 14, 21 and 300-A of the Constitution and violative of Article 17(ii) of the UDHR. Kindly let me know whether the relevant acquisition is constitutional or unconstitutional, violative of international human rights or not as to whether such acquisition is valid or void and how to obtain justice in this case. To a letter under RTI sent to the LAO, it was replied that such rules (as cited above) were not followed.
— Baskaran Kanakasabai
A: You have virtually made all grounds to be raised in your Writ Petition. But without the full facts, a case cannot survive on legal grounds alone. But your grounds are so weak that it will not pass muster. Consult a good lawyer and draft your petition. Best of luck.
Court can appoint advocate commissioner to undertake survey established as biased
Q: What does one do when a town surveyor, who is a government employee, is overtly biased in favour of one party while measuring a property?
— G Devika
A: The biased measurements will not be accepted by the courts. It can be invalidated by referring to the schedule of property descriptions found in the parent documents. Even otherwise, the survey, if challenged properly in a civil suit, the court can always appoint an advocate commissioner with the assistance of a qualified surveyor to survey the land and demarcate the boundaries. See the guidelines issued by the Madras High Court in the case filed by one Asaithambi vs The Revenue Divisional Officer dated October 11, 2020.