Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 14545

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
P.K.ABOOBACKER – Appellant
Versus
THE SUB REGISTRAR, O/O. THE SUB REGISTRAR, VYTHIRI – Respondent
WP(C) NO. 22721 OF 2012

Advocates:
For the Appellants/Petitioners: SRI.K.A.SALIL NARAYANAN, SMT.REKHA C.NAIR
For the Respondents: GOVERNMENT PLEADER SMT.M.R.MINI, SMT.JAYASREE MANOJ, SRI.N.MANOJ KUMAR, SRI.S.M.PRASANTH, SHRI.B.N.SHIVSANKAR, SRI.VINOD RAVINDRANATH, SMT.MEENA.A., SHRI.THAREEQ ANVER, SMT.NIVEDHITHA PREM.V, SRI.K.C.KIRAN, ADV. TONY AUGUSTINE - GP

Failure to prosecute a writ petition can lead to its dismissal per applicable court rules.

Headnote:Statute Analysis: The Court referred to procedures under Order 39 Rule 1 and CPC as being relevant in matters concerning injunctions. Facts of the Case: The petitioner, P.K.Aboobacker, filed a writ petition seeking action against non-responding parties.

Findings of Court:
The petitioner failed to act per the court's directive in a 2012 case.

Issues: The main questions framed revolved around the petitioner’s non-response and procedural follow-through.

Ratio Decidendi: The Court determined that lack of prosecution warranted a dismissal per established court procedures.

Result: The Writ Petition is dismissed for non-prosecution.

Table of Content
1. petitioner failed to take necessary actions for procedural compliance. (Para 1)
2. court emphasized the need for proactive engagement by the petitioner. (Para 2)
3. writ petitions may be dismissed for failure to prosecute. (Para 3)

JUDGMENT

Dated this the 23^rd day of February, 2026

1. When this matter came up for consideration on

31.10.2025, the learned Counsel for the additional Respondents submitted that the Respondent Nos.4 and 5 are non-existing persons and that is why service could not be completed against them, and this Court directed the Petitioner to take out notice by paper publication against Respondent Nos.4 and 5. Thereafter, the matter came up on 10.12.2025, and it was adjourned. Even now, no Application for taking paper publication against Respondent Nos. 4 and 5 is filed by the Petitioner. It is seen that the Writ Petition is of the year 2012.

2. The learned Counsel for the Petitioner submitted that even though the Order dated 31.10.2025 was communicated to the Petitioner, the Petitioner has not responded. In such a case, the Writ Petition is liable to be dismissed for non-prosecution.

3. Accordingly, this Writ Petition is dismissed for non-

prosecution.

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2026 Supreme(Online)(Ker) 14545

IN THE HIGH COURT OF KERALA AT ERNAKULAMM.A.ABDUL HAKHIM, JP.K.ABOOBACKER – AppellantVersusTHE SUB REGISTRAR, O/O. THE SUB REGISTRAR, VYTHIRI – RespondentWP(C) NO. 22721 OF 2012

Failure to prosecute a writ petition can lead to its dismissal per applicable court rules.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
P.K.ABOOBACKER – Appellant
Versus
THE SUB REGISTRAR, O/O. THE SUB REGISTRAR, VYTHIRI – Respondent
WP(C) NO. 22721 OF 2012