Section 4 in Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974
4. Procedure for taking possession of land in a janmam estate.
(1)Before taking possession of any land in a janmam estate in cases falling under the proviso to clause (d) of section 3, the Tahsildar shall examine whether any person or janmi 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 on the appointed day is, prima facie entitled to ryotwari patta in respect of that land, he shall tentatively allow such occupation to continue, subject to the pay- merit of assessment on the extent occupied, payable prior to ryotwari settlement 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 part of a fasli year shall be deemed to be occupation for the whole of a fasli year.(3)(a)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. 1 to be served on him calling upon him to show cause why he should not be dispossessed of the land.(b)The Tahsildar 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 order, either holding that the occupant prima facie is entitled or is 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.(c)On the expiry of the time allowed for filing an 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 hand in question and take possession of it and record a certificate of the village officers and of at least an occupant of the village in which the janmam estate is situated that the land has been taken possession of by the Government.(4)If the decision is that the occupant of a land on the appointed day is, prima facie, not entitled to ryotwari patta in respect of that land, but that the occupation is not objectionable, the occupation may be allowed subject to the payment by the occupant of the assessment on the land payable prior to ryotwari settlement, until the ryotwari settlement of the land is effected under section 20 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 of the Tahsildar in this regard shall be communicated to the occupant concerned in Form No. 3.
