Kudikidappukaran to have fixity

(1) No Kudikidappukaran shall be liable to be evicted from his kudikidappu except on the following grounds, namely:— (i) that he has alienated his right of kudikidappu to another person; (ii) that he has rented or leased out his kudikidappu to another person; (iii) that he has ceased to reside in the kudikidappu continuously for a period of two years; or (iv) that he has another kudikidappu or has obtained ownership and possession of land which is fit for erecting a homestead. Explanation.—For the purposes of this sub-section, a kudikidappukaran shall not be deemed to have ceased to reside in a kudikidappu, notwithstanding the fact that he was not actually residing therein, if any of his near relatives who was residing with him in the kudikidappu for a continuous period of not less than one year continues to reside in the kudikidappu; and in such a case the near relative who continues to reside in the kudikidappu shall be liable for the rent payable by the kudikidappukaran; and 'near relative' shall mean husband or wife, children, grand children, father, mother, brother or sister. (2) Notwithstanding anything contained in sub-section (1), the person in possession of the land on which there is a homestead or hut (hereinafter in this sub-section referred to as the landholder) in the occupation of a kudikidappukaran may, if he bona fide requires the land— (a) for building purposes for himself or any member of his family including major sons and daughters; or (b) for purposes in connection with a town planning scheme approved by the competent authority; or (c) for any industrial purpose, require the kudikidappukaran, to shift to a new site belonging to him, subject to the following conditions, namely:— (i) the landholder shall pay to the kudikidappukaran the price of the homestead, if any, erected by the kudikidappukaran; (ii) the new site shall be fit for erecting a homestead and shall be within a distance of one mile from the existing kudikidappu; (iii) the extent of the new site shall be the extent of the existing kudikidappu, subject to a minimum of three cents and a maximum of ten cents; (iv) the landholder shall transfer ownership and possession of the new site to the kudikidappukaran and shall pay to him the reasonable cost of shifting the kudikidappu to the new site. Where the above conditions are complied with, the kudikidappukaran shall be bound to shift to the new site. (3) Notwithstanding anything contained in sub-sections (1) and (2), where a person does not hold more than 25 cents of land and there is a hut in the occupation of a kudikidappukaran on such land, he may, if he requires the land occupied by such hut, for constructing a building for his own residence, apply to the Government for the acquisition of land to which the kudikidappu may be shifted. In such application he shall offer to deposit, whenever called for, the cost of acquisition of land equal to the extent of the existing kudikidappu, subject to a minimum of three cents and a maximum of ten cents. An officer authorised by the Government in this behalf may, after collecting the cost of acquisition from the applicant, acquire the necessary land under the Kerala Land Acquisition Act, 1961, give possession of the land to the kudikidappukaran and require him to shift to the said land. The kudikidappukaran shall thereupon be bound to shift to the new site. The kudikidappukaran shall be entitled before he so shifts to receive from the person in possession of the land on which his hut was originally located, the expenses as determined by such officer to be reasonably required to shift to the new site. (4) Where the owner of the land in which there is a kudikidappu considers that the kudikidappu is so located as to cause inconvenience to him, he may require the kudikidappukaran to shift to another part of the land: Provided that the site to which the kudikidappu is required to be shifted is fit for the location of the kudikidappu: Provided further that the owner of the land shall transfer to the kudikidappukaran ownership and possession of land equal to the extent of the existing kudikidappu, subject to a minimum of three cents and a maximum of ten cents and pay the price of the homestead, if any, erected by the kudikidappukaran and the cost of shifting the kudikidappu.