IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WA.No. 185 of 2008 -------------------- AGAINST THE JUDGEMENTIN WPC.31334/2007 Dated 30/10/2007 .................... APPELLANT/PETITIONER: ------------------------------------- R.C.SATHEESH BABU, GOVERNMENT CONTRACTOR, GHEETHU NIVAS, PANANGADU, PUNALUR. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.) SRI.B.S.SWATHY KUMAR SRI.BINDU SREEKUMAR RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHEIF ENGINEER (NATIONAL HIGHWAY), PUBLIC WORKS DEPARTMENT, KERALA STATE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, P.W.D. NATIONAL HIGHWAY, SOUTH CIRCLE, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT. K. MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL No. 185 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2008. JUDGMENT H.L.DATTU, CJ, This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) 31334 of 2007 dated 30.10.2007. 2. The learned Single Judge, while disposing of the writ petition, has affirmed Ext.P9 order passed by the third respondent. 3. Sri.V.N.Achutha Kurup, learned Senior Counsel appearing for the appellant after arguing the matter for quite sometime seeks leave of the court to withdraw the writ appeal with liberty to approach the civil court for appropriate reliefs. 4. The request of the learned counsel appears to be reasonable and if it is granted, it will not cause any prejudice to the respondents. In that view of the matter, without going into the other details of the case, the writ appeal is disposed of as withdrawn. However, liberty is granted to the appellant to approach the civil court, if he so desires, subject to limitation. The learned Civil Judge will decide the case on merits, without being influenced by the observations made by the learned Single Judge while disposing of the writ petition. All the contentions of both the parties are left open. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb.