IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 35369 of 2009(Q) ---------------------------------------- STC.2356/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT,THALASSERY .................... PETITIONER(S): ----------------------- CHETTINTAVIDA AHMMED. A., S/O. ABDULLA, PUTHANPURAYIL, EDACHERY P.O., VADAKARA. BY ADV. MR.T.M.ABDUL LATHEEF RESPONDENT(S): -------------------------- KALLIKANDY MOIDU, S/O. POCKU, "SHANA", THIRUVANGADI AMSOM, DESOM, KUTTIMAKKOOL, THALASSERY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.35369 OF 2009 ------------------------------------------ Dated 23rd February 2010 JUDGMENT Petition is filed under Articles 226 and 227 of Constitution of India for a writ of mandamus directing the learned Magistrate not to proceed with the trial, contending that learned Magistrate has passed an order by which the earlier order directing to send dishonoured cheque to an expert was withdrawn. Order passed by the learned Magistrate was not challenged in the writ petition. Learned counsel appearing for the petitioner seeks permission to withdraw the petition with liberty to challenge the order passed by the learned Magistrate. Petition is dismissed as withdrawn with liberty sought for. M.SASIDHARAN NAMBIAR, JUDGE. uj.