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2024 Supreme(Online)(Ker) 82991
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, J
STATE OF KERALA – Appellant
Versus
DR JYOTHISH KUMAR V – Respondent
W.P.(C)No.2357 of 2024
Advocates:
For the Appellants/Petitioners: Senior Government Pleader
For the Appellants/Petitioners: Senior Government Pleader
A writ appeal can be withdrawn without prejudice, allowing for future legal actions despite procedural errors.
Headnote:The State of Kerala and two others filed a writ appeal invoking Section 5 of the Kerala High Court Act, 1958, against a single judge's judgment. The appeal was admitted after condoning the filing delay. The Senior Government Pleader sought permission to withdraw the appeal amid procedural flaws. The appeal was dismissed as withdrawn without prejudice to the right to file a fresh appeal. The court asserted its findings in procedural matters and permitted future legal action.
| Table of Content |
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| 1. writ appeal filed under specific legal provisions. (Para 1) |
| 2. admission of appeal after condoning delay. (Para 2) |
Anil K. Narendran, J.
The State of Kerala and two others, who are respondents 1 to 3 in W.P.(C)No.2357 of 2024, have filed this writ appeal, invoking the provisions under Section 5 of the Kerala High Court Act , 1958, challenging the judgment dated 28.02.2024 of the learned Single Judge in that writ petition.
2. On 08.08.2024, when this writ appeal came up for consideration, after condoning the filing delay of 93 days, by the order in C.M.Appln.No.1 of 2024, the writ appeal was admitted on file. Respondents entered appearance through counsel.
