Section 3 in Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Rules, 1973
3. Procedure for taking possession of Sreepadam lands.
(1)The officer authorised by the Government to take possession of a Sreepadam land on their behalf, under clause (c) of section 3, shall take charge of only such of the accounts, registers, pattas, muchilikas, maps, plans and other documents relating to the Sreepadam land, as are in his opinion, necessarily for the administration of the Sreepadam land. He shall prepare a detailed inventory of those documents in the presence of Sreepadam landholder or any person deputed, in writing, by the Sreepadam landholder in that behalf, and give a copy of such inventory to him.(2)Where the officer referred to in sub-rule (1) has reason to believe that there are other documents in the possession or custody of the Sreepadam landholder and is of opinion that such documents are essential for the administration of Sreepadam land, he may call upon the Sreepadam landholder to produce all such documents and he shall be bound to produce them.(3)Under the proviso to clause (c) of section 3, the Tahsildar shall, before taking possession of Sreepadam land, examine whether any person holding a Sreepadam land on the appointed day is personally cultivating such land or not.(4)If the Tahsildar considers that the occupant of a Sreepadam land is personally cultivating that land, he shall tentatively allow such occupation to continue, subject to the payment of ryotwari assessment on the extent occupied, as fixed under section 14 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 the fasli year shall be deemed to be occupation for the whole of a fasli year.(5)If the Tahsildar considers that the occupant of a Sreepadam land 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 him to show cause why he should not be dispossessed of the land.(6)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 holding that the occupant is or is not personally cultivating the land. If the Tahsildar considers that the occupants not personally cultivating the land and that the occupation is objectionable, he shall cause a notice in Form No. 2 to be served on the occupant.(7)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 petition is that the occupant should be dispossessed, as he is not personally cultivating 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 if 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.(8)If the Tahsildar considers that the occupant is not personally cultivating the land, but that the occupation is not objectionable, the occupation may be allowed subject to the payment, by the occupant, of the ryotwari assessment on the land as fixed under section 14, until the ryotwari settlement of the land is effected under section 13 or until the land is required by the Government for any purpose, whichever is earlier. The payment of such ryotwari 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.
