IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11493 of 2011(J) -------------------------- PETITIONER(S): --------------- SAJU K.THANKAPPAN, ASST.ENGINEER(AGRI.), RESEARCH TESTING AND TRAINING CENTRE(R.T.T.CENTRE) VELLAYANI, VELLAYANI P.O., THIRUVANANTHAPURAM, PIN-695522, R/AT. PAINKUNI NIKETHAN, SREERAM NAGAR SPRA HOUSE NO.245,NETTAYAM PO.,PEROORKADA VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.VADAKARA V.V.N.MENON RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE DIRECTOR OF AGRICULTURE, OFFICE OF THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695033. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER), FOR MAKING PROMOTIONS TO THE POST OF ASSISTANT ENGINEER(AGRI.), REP. BY ITS CONVENER, THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033. 4. P.L.MAJU, ASSISTANT ENGINEER (AGRI.), OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER(AGRI.), VELLAYANI, VELLAYANI P.O., THIRUVANANTHAPURAM, PIN-695522. 5. A.DAMODARAN, ASSISTANT ENGINEER (AGRI.), OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER(AGRI.), KARANDAKADA, NEAR BLOCK OFFICE, KASARAGOD, KASARAGOD DISTRICT, PIN-671121. 6. K.DINESAN, MECHANIC, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER (AGRI.), MELACHOVVA, KANNUR, KANNUR DISTRICT, PIN-670018. 7. P.V.SANTHOSH, ASSISTANT ENGINEER (AGRI.), OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER(AGRI.), MANJERI, MALAPPURAM DISTRICT, PIN-676121. GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 11493 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of April, 2011. J U D G M E N T I am of opinion that this writ petition is an abuse of process of the court. The petitioner had earlier filed two writ petitions, viz. W.P (C) Nos. 5642 and 28349 of 2010. When those writ petitions came up, one of the contesting respondents, the 6th respondent herein, filed I.A. No. 108/2011 seeking initiation of prosecution proceedings against the petitioner for filing the writ petitions suppressing material facts and filing false affidavits, on the ground that on the same subject matter, the 6th respondent had filed W.P(C) No. 34671/2007 in which the petitioner had already filed a counter affidavit which was not disclosed by the petitioner and he obtained an interim order suppressing the said fact playing a fraud on the court. Faced with that situation, counsel appearing in those cases sought permission to withdraw the said two writ petitions to avoid consideration of that I.A. Although liberty was sought to file a fresh writ petition, it was not granted although it was not specifically stated so in the judgment. Accordingly, those writ petitions were dismissed as withdrawn without any liberty to file fresh writ petition on the same cause of action. Although the petitioner has produced interim orders in those writ petitions he has not chosen to produce the judgment in those writ petitions dismissing them as withdrawn. It is settled law that if a writ petition is allowed to be withdrawn without express liberty to file a fresh one on the same cause of action, the petitioner cannot file a fresh writ petition on the same cause of action, which is what the petitioner has done in this writ petition. That is why I have stated that this writ petition is an abuse of process of this Court . Therefore naturally, the writ petition is liable to be dismissed with exemplary W.P(C) No. 11493 of 2011 -: 2 :- costs. Accordingly, I dismiss the writ petition with exemplary costs of Rs. 15,000/- (Rupees fifteen thousand only) to be paid to the Kerala Mediation Center within one month, failing which it would be open to the Kerala Mediation Center to recover the same by resorting to appropriate legal proceedings . Sd/[- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.