2026 Supreme(Online)(Ker) 31165
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
Eduvayil Subramannian Sivadas – Appellant
Versus
Revenue Divisional Officer – Respondent
WP(C) No. 17305 of 2026
For the Appellants/Petitioners: Chandrakanth K. Ullas
For the Respondents: Vidya Kuriakose
A petitioner has the right to withdraw a writ petition with the liberty to file a fresh one if a new cause of action arises.
Headnote:The petitioner sought to withdraw the writ petition filed against the actions of revenue authorities concerning land records. The matter pertains to statutory procedures for land classification and revenue documentation. The court allowed the withdrawal request, noting the petitioner's desire to reserve the right to initiate fresh proceedings should a new cause of action arise. The core issue was whether the petitioner could voluntarily withdraw the pending constitutional challenge. The court held that such withdrawal is permissible, effectively terminating the current proceedings without prejudice to future litigation involving distinct causes of action. The writ petition is dismissed as withdrawn with liberty to file it again, if there is any fresh cause of action.
JUDGMENT
The counsel for the petitioner submitted that the writ petitioner may be allowed to withdraw and if there is any fresh cause of action to the petitioner, the same may be left open.
Therefore, this writ petition is dismissed as withdrawn with liberty to file it again, if there is any fresh cause of action.