IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WA.No. 2667 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.35315/2007 Dated 06/07/2009 .................... APPELLANT/PETITIONER ------------------------------------ JEEVAKUMAR V.S., PROPRIETOR, AGRO FOOD AND SPICES, INDUSTRIAL DEVELOPMENT AREA, ANGAMALY SOUTH PO, ERNAKULAM DISTRICT. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENTS/RESPONDENTS -------------------------------------------- 1. KANCOR FLAVOURS AND EXTRACTS LIMITED, INDUSTRIAL DEVELOPMENT AREA, ANGAMALY SOUTH PO, ERNAKULAM DISTRICT. 2. MOTHERS AGRO FOODS PRIVATE LIMITED, INDUSTRIAL DEVELOPMENT AREA, ANGAMALY SOUTH PO, ERNAKULAM DISTRICT. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM. 4. THE DIRECTOR OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE SECRETARY, MINISTRY OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV.SRI.JOSEPH KODIANTHARA R2 BY ADV.SRI.S.SUJIN R3 TO R5 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2667 of 2009 ------------------------------------------ Dated this the 25th day of November, 2009 JUDGMENT A.K.Basheer, J. When this writ appeal is taken up for consideration, it is submitted by the learned counsel for the appellant that respondent No.3 has already passed orders on Ext.P1 application pursuant to the direction issued by this Court in the impugned judgment. It is further submitted by the learned counsel that the appellant has already challenged the said order before this Court in W.P.(C) No.33457 of 2009. 2. In view of the above intervening development, learned counsel for the appellant seeks permission to withdraw the writ appeal with liberty to urge all contentions available to him in the writ petition which is pending consideration before the learned Single Judge. With that liberty reserved in favour of the appellant, this writ appeal is dismissed as withdrawn. We W.A.No.2667 of 2009. - 2 - make it clear that we have not considered the merit of any of the contentions raised by the appellant in this writ appeal. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns