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2026 Supreme(Online)(Ker) 5713

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JULIET PRAKASIA – Appellant
Versus
SECRETARY, CORPORATION OF KOCHI – Respondent
WP(C) NO. 20490 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.NELSON JOSEPH, SHRI.MADHU RADHAKRISHNAN, SHRI.DEEPAK ASHOK KUMAR
For the Respondents: SHRI.D.G.VIPIN, SC, SMT.K.P.SANTHI, SHRI.AKHIL AUGUSTINE

A pending civil suit precludes the need for a writ petition on the same grounds, emphasizing forum appropriateness.

Headnote:The case concerns a writ petition seeking to quash order Ext.P9 and prevent respondents from blocking vehicular access, with a pending civil suit for the same cause of action. The Court determined that the contentions must be pursued in the Civil Court. 'All contentions raised by the petitioners...are left open.' The petition is disposed of accordingly.

Table of Content
1. writ petition filed for redress in the context of ongoing civil litigation. (Para 1)
2. court finds contentions suitable for resolution in the civil court. (Para 2)

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) Issue a writ of certiorari and call for records leading to issuance of Exhibit P9 order and quash the same.

(ii) Issue a Writ of Mandamus or any other appropriate writ or order, directing the respondents to abstain from any act of blocking the vehicular road access of the petitioners.

(iii) Pass such other writ order or direction as this Hon'ble court may deem fit and proper (iv) Award the costs of the Writ Petition (v) To dispense with the filing of English translation of vernacular documents produced as Exhibits.” (SIC)

2. The main prayer in this writ petition is against Ext.P9. Now admittedly a suit is pending before the Civil Court for the same cause of action. If that be the case, this Writ Petition need not be retained here. All the contentions raised by the petitioners including the contention against Ext.P9 are left open and the petitioners and the party respondents are free to agitate the same before the jurisdictional Civil Court, in accordance with law. I make it clear that Ext.P9 will be subject to the final orders to be passed by the Civil Court.

With the above observation, this Writ Petition is disposed of.

Sd/-

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