Section 5 in Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Rules, 1965
5. Procedure for taking possession of land in a minor inam.
(1)Before taking possession of any land in a minor inam under the proviso to clause (d) of section 3, the Tahsildar shall examine whether any person holding the land is prima facie entitled to ryotwari patta in respect of that land or not.(2)If the Tahsildar considers that the occupant of a land is prima facie entitled to ryotwari patta in respect of that land, he shall tentatively allow such occupation to continue, subject to the payment of assessment of the extent occupied, as fixed under section 12 and subject to the condition that the payment of such assessment shall not confer any right of occupancy.Explanation. - For the purpose of this rule, occupation for a part of fasli year shall be deemed to be occupation for the whole of the fasli year.(3)If the Tahsildar considers that the occupant of a land on the appointed day is prima facie not entitled to ryotwari patta in respect of that land and that the occupation is objectionable, he shall cause a notice in Form No. I to be served on his calling upon him to show cause why he should not be disposed of the land.(4)The Tahsildar shall examine the representation, if any, made on the date fixed for the enquiry and after such further enquiry as he may consider necessary shall pass orders either holding that the occupant prima facie is or in not entitled to ryotwari patta in respect of the land. If the Tahsildar considers that the occupant is prima facie not entitled to ryotwari patta and that the occupation is objectionable, he shall cause a notice in Form No. 2 to be served on the occupant.(5)On the expiry of the time allowed for filing appeal or revision petition or, if an appeal or revision petition has been filed, after the disposal of such appeal or revision petition and if the decision in the appeal or revision is that the occupant is prima facie not entitled to ryotwari patta in respect of the land, an officer not lower in rank than a Revenue Inspector duly authorised in this behalf, may formally enter upon the land in question and take possession of it and record certificates of the Village Officers and of at least one ryot of the village that the land has been taken possession of by the Government.(6)If the decision is that the occupant of land on the appointed day is prima facie not entitled to ryotwari patta in respect of that land, but that occupation is not objectionable, the occupation may be allowed, subject to the payment by the occupant, of the assessment on the land under section 12, until the ryotwari settlement of the land is effected under section 15 or until the land is required by the Government for any purpose, whichever is earlier. The payment of such assessment shall not confer on the occupant any occupancy right. Every decision in this regard shall be communicated to the occupant concerned in Form No. 3.
