IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WA.No. 616 of 2008 -------------------- AGAINST THE JUDGEMENT IN WPC.3050/2008 Dated 25/01/2008 .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. P.P.SIDDIQUE, THOTTUNGAL HOUSE, CHERUVANOOR P.O., KOZHIKODE DISTRICT. 2. P.P.HUSSAIN, KOYA'S MANZIL, CHALIYAM P.O., KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE. 2. THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, FEROKE KOZHIIKODE DISTRICT. 3. NAJEEB, ASARIKANDY HOUSE, CHERUKA PARAMBA, P.O.CHERUVANNUR, KOZHIKODE DISTRICT. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB R3 BY ADV. SRI.P.K.RAMKUMAR BY SR. GOVT. SMT. K. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL No. 616 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of April, 2008. JUDGMENT H.L.DATTU, CJ, Orders passed by the Additional District Magistrate, Kozhikode in Ref. No. D2-37237/07 dated 16th of January, 2008 was the subject matter of the writ petition. 2. The learned Judge has rejected the writ petition. That is how the petitioners in the writ petition are before us in this writ appeal. 3. The matter is posted for admission before the court. By consent of both the parties to the lis, the mater is taken up for hearing. 4. The primary contention canvassed by the learned counsel for the appellants is that the learned Additional District Magistrate, Kozhikode before passing the impugned order has not afforded them sufficient opportunity of hearing. In support of that contention, the learned counsel for the appellants has taken us through the orders passed by the Additional District Magistrate. 5. Per contra, learned counsel appearing for the contesting respondents would submit that the appellants were given an opportunity of hearing by the Additional District Magistrate, but that opportunity was not made use of by the appellants. Therefore, they submit that, this is not one of those cases where opportunity of hearing was not afforded to the appellants, but this is a case where opportunity was granted to the appellants, but that opportunity was not made use of by the appellants. 6. We have carefully perused the orders passed by the Additional District Magistrate. The said authority, in his order, does not even refer to the W.A. 616/2008. 2 stand of the appellants before him. A perusal of the impugned orders would clearly demonstrate the total non-application of mind by the Additional District Magistrate, Kozhikode. The orders should contain reasons. An order, which does not have reasons to support its conclusions, is not an order in the eye of law. Therefore, it is difficult to sustain the orders passed by the Additional District Magistrate in Ref. No.D2-37237/07 dated 16th January, 2008. In view of the above, the impugned order is set aside and the matter is remitted to the Additional District Magistrate, Kozhikode with a direction to restore Ref.No.D2-37237/07 on its file and issue appropriate notice to all the parties and afford them an opportunity of hearing and pass a speaking order within 45 days from the date of receipt of a copy of this order. All the contentions of both the parties are left open. 7. If for any reason, the authorities have already implemented the orders passed by the Additional District Magistrate, Kozhikode, the same shall not be disturbed till final orders are made by the Additional District Magistrate. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb.