2026 Supreme(Online)(Ker) 30960
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
Joby Cyriac – Appellant
Versus
Cochin Port Authority – Respondent
WP(C) NO. 12286 OF 2026
Advocates:
For the Appellants/Petitioners: Kurian K Jose, Peeyus A.Kottam, Devika T.R., Amrita P., Greeshma C. Thomas
For the Respondents: Abraham Joseph Markos, V.Abraham Markos, Isaac Thomas, P.G.Chandapillai Abraham, Alexander Joseph Markos, John Vithayathil
The court grants the right to withdraw a writ petition with the liberty to file a fresh one if requested by the petitioner.
Headnote:The matter pertains to a request for voluntary withdrawal of a writ petition under Article 226 of the Constitution of India. The petitioners sought permission to withdraw the proceedings with liberty to initiate fresh litigation. The issue before the Court was whether the petitioners could be granted leave to withdraw their writ petition while preserving their right to file a fresh one covering the same cause of action. The court reasoned that in appropriate circumstances, such liberty could be granted without prejudice to the legal rights of the parties. The writ petition is dismissed as withdrawn with the liberty granted to the petitioners to file a fresh petition.
JUDGMENT
The learned counsel for the petitioners seek permission to withdraw the Writ Petition with liberty to file a fresh one.
Reserving the aforesaid liberty, the Writ Petition is dismissed as withdrawn.
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