Revenue Court, Direction of Firka Revenue Inspector for Carrying Out Eviction
The Commissioner of Land Reforms, through reference RC.D2/7860/2008 (L.Ref.) dated 30 August 2011, asked the District Collectors of Madurai, Tiruvarur, Thanjavur and Cuddalore to instruct Taluk Tahsildars to depute the relevant Firka Revenue Inspector for eviction work when requested by a Special Deputy Collector or Assistant Commissioner (Revenue Court). The guidance addresses delays caused by vacant Enforcement Revenue Inspector posts in cases involving cultivating tenants, temple or trust agricultural lands, and private landowners.
What the guidance covers
Reference RC.D2/7860/2008 (L.Ref.), issued by the Commissioner of Land Reforms on 30 August 2011, concerns enforcement work arising from tenancy cases handled by Special Deputy Collectors and Assistant Commissioners (Revenue Court). It was addressed to the District Collectors of Madurai, Tiruvarur, Thanjavur and Cuddalore, with copies to all Special Deputy Collectors (Revenue Court).
The cases described involve:
- Disputes between temple or trust authorities and cultivating tenants over lease arrears for agricultural lands.
- Lands of temples and trusts controlled by the Hindu Religious and Charitable Endowment Department.
- Lands of other private temples and trusts covered by the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961.
- Disputes between private landowners and cultivating tenants under the Tamil Nadu Cultivating Tenants Protection Act, 25/55.
Eviction process described
The Commissioner of Land Reforms states that eviction may follow when a cultivating tenant does not pay the amount within the period fixed by the Special Deputy Collector (Revenue Court). The process described requires:
- An eviction application from the other party.
- A summary enquiry by the Special Deputy Collector (Revenue Court).
- An eviction order by the Special Deputy Collector (Revenue Court).
- Execution of the eviction through revenue staff.
The Enforcement Revenue Inspector attached to the Revenue Court would normally carry out the eviction. The communication reports that vacancies in this post were preventing eviction and affecting inspection, enquiry, field identification and other executive work.
Administrative direction requested
The Commissioner of Land Reforms asked the four District Collectors to issue instructions to all Taluk Tahsildars. Those instructions were to require the concerned Firka Revenue Inspector to carry out an eviction whenever the relevant Special Deputy Collector (Revenue Court) requested assistance.
The communication also asked the District Collectors to send a copy of their instructions to the Commissioner of Land Reforms. Its stated purpose was to support faster disposal of pending tenancy cases, particularly cases dating from before 2005, and to help temples collect rent arrears found to be due.
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Common questions
Can a Firka Revenue Inspector evict a cultivating tenant merely because rent is overdue?
The process described requires failure to pay within the time fixed by the Special Deputy Collector (Revenue Court), an application from the other party, a summary enquiry and an eviction order. The revenue inspector carries out the eviction after that process.
Which District Collectors received this request?
The communication was addressed to the District Collectors of Madurai, Tiruvarur, Thanjavur and Cuddalore.
Why was a Firka Revenue Inspector being asked to perform eviction work?
The Commissioner of Land Reforms reported that Enforcement Revenue Inspector posts were vacant, preventing Revenue Courts from carrying out evictions and other field work. District Collectors were therefore asked to arrange assistance from the concerned Firka Revenue Inspector.
Does the guidance affect private agricultural landowners as well as temple lands?
Yes. The communication covers disputes involving temple and trust agricultural lands and disputes between private landowners and cultivating tenants under the legislation identified in the document.
