My name is Sivasankar and my house is in a town panchayat Panagudi in Tirunelveli Dt. The house was built by my grandfather. The land was a 'NATHAM porambokke', and the land does not have any legal documents. As my granddad settled down he got a patta for that land. In 2006 we surveyed our land using the panchayat survey map and marked it down, but we did not build any compound wall around the house. Recently, when we checked with the latest panchayat survey map(2017), it shows that a portion of the land is missing from the one we surveyed in 2006. As we do not have any other document related to the land, it seems that the land went out of our hand. Is there any way to get the missing portion of the land back? Can we get the old panchayat survey map(2006) and will this help us in any way to get back our land? Kindly share your thoughts. Warm regards, Siva
It is not sure whetehr you have retained physicalpossession over the sameland surveyed in 2006.
if yes then there is nothing to worry and ensure its further physical;possession so the claimant of land acquired from your area comes up with a better titile in court to stake his claim.
Missing of any area in new survey plan does not mean you have lost the land originally owned and retained by you.
Hi
Yes you can get the old map from the concerned office.
File a suit for the demarcation of the land on the basis of the old (2006) map.
Thank You
Old panchayat survey map of 2006 will help you in convincing the panchayat about the area of land in your possession
2) draw attention of panchayat that latest survey map does not reflect actual area of land in your possession and reflects incorrect picture of your land
3) construct compound wall around your land and with panchayat permission carry out construction on your land
Thanks for answering. But we do not have any physical possession over the land. We just marked the place and left it, believing we can construct a fence later. But now the land is open for encroachment by a community and we could not oppose them legally. They neither have any legal documents but are planning to construct a religious place for worship in that particular land. Can you please advise us on what can be done next from our part. Where would I get the old map from. I used RTI to get the panchayat map, but it was the new one. Can the old map be got in the same way? If at all I get the map, what should I do next? What kind of case should I file? Heard about 'writ of mandamus', but I do not have any knowledge on this issue. Please help.
If the encroachment is made not beofre six months you may consider filing a summary suit for restoration of possession under section 8 of the Specific Relief Act.
Hi
Yes you can get the old map also through RTI as the act is active since 2005 and the info you need is of 2006(if the record is not destroyed legally by the department).
Writ of Mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
So you can followup the Mandamus .
But burden of proof is on you to show your ownership of land by some way. Pattanama or some other document.
Thank You
You can file RTI application and obtain old panchayat map of 2206
2) since you have patta of land seek court orders to direct encroachers to vacate portion of your land in their possession
3) object to grant of permission fir carrying on construction on said land
Hello Sir,
we can file a writ of mandamus to get your land back .. actually natham porambokke cannot be transferred to Government under the tamilnadu act III of 1905 and also to anyone unless they sale and the owner of the natham porambokke is the one who obtain the land first i.e before 1986. if you have the old map 2006 or patta we can file against them as well as thasildhar and district revenue officer for writ of mandamus stating that the land belongs to us and the person who has tress passed your land can be thrown out legally.
Lodge a complaint to the Land Revenue Office and file a case in Land Tribunal in your State.
Hi, you can file a application with the tehsildar to rectify the error and to conduct a fresh demarcation of your land
Basically this is a natham promnoke land hence you cannot find any registered document for this other than the pattadar passbook or patta document.
Since you got the property survey in the year 2006 and demarcated the boundaries, you will be having the details of the same which should match to the extent mention in the patta document issued in year 2006.
If you are sure that a portion of land has been encroached or occupied by somebody else, yo may file a declaration suit to declare yor property based on the patta document schedule of property and for possession from the occupier.
Ascertain the facts and proceed as per law.
Can you please advise us on what can be done next from our part. Where would I get the old map from. I used RTI to get the panchayat map, but it was the new one. Can the old map be got in the same way?
You can file a declaration suit to declare your title to the property occupied by some miscreants, injunction application restring them encroaching or putting up any structure in the property and also for possession
You have to get into an immediate action to restore your property and defend your interests in the property.
If at all I get the map, what should I do next? What kind of case should I file? Heard about 'writ of mandamus', but I do not have any knowledge on this issue. Please help.
On the basis of documentary evidences in your possession including patta you can file a suit as suggested above.