(1)If it shall come to the knowledge of the Collector that the distrainer has not served on the ryot a written demand as required by section 78, or has failed to serve the list or description mentioned in section 79 [***] [The words and figures 'or has failed to apply to the sale officer for an order under section 92 ' were omitted by section 60(i) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] or that the distress was excessive, the Collector may either order the sale to proceed, or direct the issue of another notice or proclamation of sale, in which case he shall order that the costs of the resale shall be borne by the distrainer.(2)If the Collector finds that the distraint is vexatious or groundless, he [shall order] [Substituted for 'may order' by section 60(ii) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] the restoration of the distrained property.
