IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22810 of 2008(M) -------------------------- AGAINST THE ORDER DATED 14/02/2008 IN IA 4747,4748/2007 IN OS.669/2007 of PRL.M.C.KOZHIKODE-I .................... PETITIONER: FIRST RESPONDENT/PLAINTIFF ------------ SEETHI MARAKKARAKATH SHAREEFA, AGED 38 YEARS, D/O.KUNHAHAMMAD KOYA, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.M.FIROZ RESPONDENTS: APPELLANTS, SECOND RESPONDENTS ------------- 1. S.M.AVARAN KOYA, AGED 75 YEARS, S/O.K.V.MUHAMMED, NAGARAM AMSOM DESAM, KOZHIKODE TALUK, NOW RESIDING AT 12/374, KOYASSAN VEEDU, ELANTE THODUKA, THEKKUMTHALA, CALICUT – 673 001. 2. A.M.USMAN KOYA, AGED 72 YEARS, S/O.S.M.KADIRI KOYA, NAGARAM AMSOM DESAM, KOZHIKODE TALUK, NOW RESIDING AT ALI HASSAN MARAKARAKATH THARAVAD 14/683, ALI BURHAN, SAFA NAGAR, WEST KALLAI, CALICUT - 673 002. 3. A.M.MOHAMAD KOYA, AGED 65 YEARS, S/O.S.M.BASHURUDEEN, NAGARAM AMSOM DESAM, KOZHIKODE TALUK, NOW RESIDING AT SOUHRIDA KUDUMBA VEDHI, BLOCK NO.B, THIRUVANNOOR, CALICUT 673 029. 4. THE KOZHIKODE CORPORATION, REP. BY ITS SECRETARY, CORPORATION OFFICE, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.22810 of 2008 ------------------------------- Dated this the 29th July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India to quash Exts.P4 and P5 orders passed by Principal Munsiff, Kozhikode, in I.A.No.4747 of 2007 and I.A.No.4748 of 2007 in O.S.No.669 of 2007. Petitioner is the plaintiff in the suit. The suit is for permanent prohibitory injunction restraining fourth respondent, Corporation of Kozhikode, from causing obstruction to the construction of the residential house in the plaint schedule property. The case of the petitioner is that respondents 1 to 3 filed I.A.No.4748 of 2007, applications to get themselves impleaded as additional defendants under Order I Rule 10 of Code of Civil Procedure in the suit, and I.A.No.4747 of 2007, an application to get themselves impleaded in the application filed by the petitioner under Order XXXIX Rule 1 of Code of Civil Procedure for an order of temporary injunction, and petitioner filed a detailed counter opposing the applications, learned Munsiff did not consider the objections and allowed the applications without showing any reason, and, therefore, the orders are to be quashed. W.P.(C) No.22810 of 2008 2 2. Exts.P4 and P5 orders read as “Heard. Allowed”. Exts.P2 and P3 are the objections filed by the petitioner. Learned Munsiff should have considered the objections and pass a speaking order in both the applications. A judicial order can be brief. It cannot be blank. As the objections were not considered and reasons for allowing the applications are not shown in Exts.P4 and P5 orders, both the orders are quashed. Learned Munsiff is directed to pass appropriate orders in I.A.No.4747 of 2007 and I.A.No.4748 of 2007 in O.S.No.669 of 2007, after hearing the parties and considering Exts.P2 and P3 objections. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.