Section 5 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1965
5. Procedure for taking possession of land in an inam estate.
(1)Before taking possession of any land in an inam estate under the proviso to clause (d) of section 3, the Manager of the inam estate shall examine whether any person, on the notified date, is personally cultivating that land or not:Provided that if the Manager is of the status of Revenue Inspector, the examination referred to in this rule shall be made by the Tahsildar or Deputy Tahsildar, in whose jurisdiction the inam estate is situated.(2)If the Manager finds that the occupant of a land on the date on which the inam estate was notified under sub-section (4) of section 1 is personally cultivating that land, he shall tentatively allow such occupation to continue, subject to the payment of assessment on the extent occupied as determined under section 21 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 a fasli year shall be deemed to be occupation for the whole of a fasli year.(3)(a)If the Manager finds that the occupant of a land, on the notified date, is not personally cultivating that land and considers that the occupation is objectionable, he shall cause a notice in Form No. 1 to be served on him calling upon them to show cause why he should not be dispossessed of the land.(b)The Manager shall examine the representations, if any, made on the date fixed for the enquiry and, after such further enquiry as he may consider necessary, shall pass orders to cause a notice in Form No. 2 to be served on the occupant, if he decided that the occupant should be dispossessed.(c)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 should be dispossessed as he is not personally cultivating that 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 certificate of the village officers and of at least one ryot of the village that the land has been taken possession of by the Government.(4)If the occupant of a land, on the notified date, is not personally cultivating that land, but the occupation is considered not objectionable, the occupation may be allowed, subject to the payment by the occupant of the assessment on the land under section 21, until the ryotwari settlement of the land is effected under section 20 or until the land is required by the Government for any purpose which ever is earlier. The payment of such assessment shall not confer on the occupant any occupancy right. Every decision of the Manager in. this regard shall be communicated to the occupant concerned in Form No. 3.
