Section 5 in Kerala Prevention of Eviction Act, 1966
5. Cultivating tenants, etc., entitled to restoration of possession.
(1)Any cultivating tenant or holder of a kudiyiruppu or kudikidappukaran, who is a member of any Scheduled Caste or Scheduled Tribe and who has been, evicted from his holding, kudiyiruppu or kudikidappu, on or after the 1st April, 1964, shall be entitled to restoration of possession of his holding, kudiyiruppu or kudikidappu, as the case may be.(2)Any person who is entitled to be restored to possession of his holding, kudiyiruppu or kudikidappu under sub-section (1), or any other person on his behalf, may make an application, either orally or in writing, within a period of one year from the commencement of this Act, or as the case may be, from the date of eviction, whichever is later, to the Revenue Divisional Officer having jurisdiction over the area in which the holding, kudiyimppu or kudikidappu, as the case may be, of the applicant or the person on whose behalf the application has been made is situate, for-(a)the restoration of possession in cases where the eviction was made after the 1st April, 1964, but before the 5th July, 1966 ; and(b)the restoration of possession and prosecution of the offender in cases where the eviction was on or after the 5tli July, 195G.(3)The Revenue Divisional Officer shall, on receipt of an application under sub-section (2). make or cause to be made necessary inquiries in respect of such application and if he is satisfied that the applicant or the person on whose behalf the application has been made is entitled to restoration of possession under sub-section (1), he shall by order direct the person in possession of the holding, kudiyiruppu or kudikidappu, as the case may be, to deliver possession of the the same to the applicant or to the person on whose behalf the application has been made within a period of thirty day 3 from the date of service of the order:Provided that if the application is made under clause (A) of sub¬section (2), the Revenue Divisional Officer shall also file a complaint before the First Class Magistrate having jurisdiction to try the offence under section 4 :Provided further that no order under this sub-section shall be made unless the person who is in possession of the property has been given an opportunity of being heard in the matter.(4)Every order made under sub-section (3) shall be served on the person for whom it is intended -(a)by delivering or tendering it to that person ; or(b)if it cannot be so delivered or tendered by delivering or tendering it to any agent of such person or any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or called on business or personally worked for gain ; or failing service by these means ; or(c)by registered post.(5)Any person aggrieved by an order of the Revenue Divisional Officer under sub-section (3) may, within a period of thirty days from the date of service of the order, prefer an appeal lo the Collector of the district and the decision of the Collector on such appeal shall be final.(6)Where an order made under sub-section (3) has not been complied with, and-(a)no appeal has been preferred within the time allowed for such appeal ; or(b)an appeal having been preferred, has been dismissed, the Revenue Divisional Officer shall cause the bolding or kudiyiruppu or kudikidappu, as the case may be, to be delivered to the cultivating tenant or holder of the kudiyiruppu or kudikidappukaran, as the case may be, by putting him in possession of the holding or kudiyiruppu or kudikidappu, as the case may be, and if need be, by removing any person who refuses to vacate the same.
