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2026 Supreme(Online)(Ker) 2359

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SUMESH S – Appellant
Versus
MUTHOOT HOMEFIN (INDIA) LTD – Respondent
WP(C) NO. 1355 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.ANANDA SUBRAMANIAM, SHRI.MOHAMED SHALI NAMSHAD

Withdrawal of writ petition is permissible when maintainability is questioned based on precedent.

Headnote:The Writ Petition was filed under Article 226 of the Constitution. The petitioner sought to withdraw the petition, citing the Supreme Court's ruling in Shoba S. v. Muthoot Finance Ltd., which established that the petition was not maintainable. The court permitted the withdrawal and reserved liberty to approach the appropriate statutory authority.

Table of Content
1. writ petition filed under article 226. (Para 1)
2. withdrawal based on maintainability referencing prior case. (Para 2)

BASANT BALAJI J ======================

W.P.(C) No. 1355 of 2026 ========================

Dated 15th day of January 2026 JUDGMENT This Writ Petition has been filed under Article 226 of the Constitution of India .

2. When the writ petition is taken up for consideration today, the learned counsel for the petitioner seeks permission to withdraw the writ petition, submitting that in view of the law laid down by the Apex Court in Shoba S. v. Muthoot Finance Ltd. , 2025 (2) KHC 229, the writ petition is not maintainable against the said respondent.

Accordingly, this writ petition is dismissed as withdrawn, reserving liberty to the petitioner to approach the appropriate statutory authority in accordance with law.

Sd/-

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