Petitioner approached this Court aggrieved by the order issued by the District Collector, Ernakulam to the Additional Tahsildar, Aluva in a matter relating to issuance of possession certificate. Petitioner was given a possession certificate. Thereafter, one Siju Jospeh raised a complaint. Based on the complaint, the District Collector issued a direction to the Tahsildar to cancel the possession certificate. Aggrieved by the decision in Ext.P6, petitioner has approached this Court.
2. In the facts and circumstances, I am of the view, if there is any dispute regarding ownership, title or right of the petitioner to obtain a possession certificate, proper course to the authority is to hear both parties and pass appropriate orders. Ext.P6 is apparently passed without hearing the petitioner. In view of the above, Ext.P6 is set aside. However, it is open for the Tahsildar to take a decision based on the complaint made by the Siju Joseph after hearing the petitioner. A decision shall be taken by the Tahsildar after hearing the petitioner and Siju Joseph within a period of two months from the date of receipt of W.P(C).No.30149 of 2014P 2 a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/04/12/14