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2026 Supreme(Online)(Ker) 6413

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SURESH KUMAR – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) NO. 24723 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.RAMACHANDRAN
For the Respondents: SRI.K.N.ABHILASH, SC, SMT.DEEPA, GP

A writ petition should not be retained when a civil suit is pending, maintaining status quo while leaving all contentions open.

Headnote:This Writ Petition seeks a Writ of Certiorari to quash notices issued by the sixth respondent. The petitioner claims to have filed a civil suit, indicating the matter does not warrant retention as a writ. The court maintains the status quo while refraining from merit consideration. This petition is disposed of without prejudice to any claims or contentions of the parties, leaving open all issues raised.

Table of Content
1. seeking writ of certiorari (Para 1)
2. pending civil suit affects writ retention (Para 2)

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

"A) To issue a Writ of Certiorari or any other appropriate Writ, Order or Direction quashing Exhibits P7, P8 and P9 notices issued by the 6 respondent."

[SIC]

2. When this case came up for consideration, the counsel for the petitioner submitted that the petitioner had approached the civil court by filing a suit as O.S No.719/2025 of the Chavakkad Munsiff Court. If that is the case, I am of the considered opinion that this writ petition need not be retained here. The contention raised by the petitioner is left open. When this case came before this Court for consideration, a status quo order was issued and was regularly extended. To facilitate the petitioner to approach the civil court for an interim order, the status quo order will continue for a period of six weeks from today. I make it clear that I have not considered the matter on merit or the maintainability of the suit. All the contentions raised by the petitioner and respondents are left open.

With the above observation, this writ petition is disposed of.

Sd/-

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