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2026 Supreme(Online)(Ker) 13690

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
V. HARILAL – Appellant
Versus
THE STATE TAX OFFICER, SQUAD NO.III, SGST DEPARTMENT, KARUNAGAPPALLY AT KOLLAM – Respondent
WP(C) NO. 6465 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.V.DEVANANDA NARASIMHAM, SMT.SHEEJA D.K.
For the Respondents: SMT.RESHMITHA R CHANDRAN

A party may withdraw a writ petition without prejudice, preserving the right to refile on the same cause.

Headnote:This case involves a writ petition wherein the petitioner sought withdrawal of the petition while maintaining the right to re-approach the court on the same cause of action. The court granted the permission requested and dismissed the petition. The primary finding was the recognition of the retention of rights for future claims. The core issue framed was the ability to withdraw without prejudice. It was held that a party may withdraw a petition and not lose the right to refile based on the same reasons. The result of the judgment states that the writ petition is dismissed as withdrawn.

JUDGMENT

Today when the matter came up for consideration, the learned counsel for the petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioner to approach this Court again on the very same cause of action.

Permission granted and accordingly, this writ petition is dismissed as withdrawn, subject to the above right.

Sd/-

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