IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 18521 of 2008(E) -------------------------- PETITIONERS: --------------- 1. SRI.ABDUL AZEEZ, AGED 42, S/O.LATE THORAPPA KUNJEEDU, DOWN HILL P.O., MALAPPURAM- 676519. 2. MUHAMMED HAJI, AGED 66, S/O.CHERUR AHAMMED KUTTY MUSALIYAR, MUNDUPARAMBA P.O., KEEZHUMURI DESOM, MALAPPURAM- 676509. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ----------------- 1. CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, P.W.D., NATIONAL HIGHWAY DIVISION, TRIVANDRUM. 2. EXECUTIVE ENGINEER, P.W.D. N.H. DIVISION, MALAPPURAM. 3. ASSISTANT EXECUTIVE ENGINEER, P.W.D. N.H. DIVISION, PERINTHALMANNA. 4. MALAPPURAM MUNICIPALITY, MALAPPURAM, REP.BY ITS SECRETARY. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 18521 OF 2008 E ==================== Dated this the 18th day of July, 2008 J U D G M E N T Petitioners submit that they wanted to construct a commercial building in Sy.No.325 of Malappuram Village situated on the side of NH 213. According to them, when they made this application to the respondent Municipality, that was forwarded by the Municipality to the 3rd respondent for his NOC. It is stated that the 3rd respondent in turn has forwarded the application to the 2nd respondent. According to the petitioners, without stating any reasons, the application has been returned to them. It is in these circumstances writ petition has been filed. 2. Exts. P1 and P2 are the documents, which according to the petitioners are returned to them by the 2nd respondent. Obviously, these documents do not contain any reason. When an application is made to an authority, though it is well within the powers of that authority to consider the application on the merits and pass orders thereon, any action should be supported by reasons. In this case, since the application has been returned to the petitioners without stating any reasons, I feel the matter needs to be reconsidered by the 2nd respondent himself. WPC 18521/08 :2 : 3. Accordingly, it is directed that the petitioners shall resubmit Exts.P1 and P2 and on receipt thereof, the 2nd respondent shall consider the same and pass appropriate orders in accordance with law. It is directed that the if the petitioners submit the application within 2 weeks from today, the 2nd respondent shall consider the same and pass orders thereon within 4 weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp