IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 30423 of 2009(W) -------------------------- PETITIONER(S): ----------------------- V.P.MOHAN DAS,S/O.V.K.PURUSHOTHAMAN, AGED 51 YEARS,CLERK,S.N.D.P.HIGHER SECONDARY SCHOOL,KUTTAMANGALAM,ALAPPUZHA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, KUTTANAD,ALAPPUZHA DISTRICT. 5. THE HEADMASTER, S.N.D.P.HIGHER SECONDARY SCHOOL, KUTTAMANGALAM,ALAPPUZHA DISTRICT. GOVERNMENT PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30423 OF 2009 ------------------------------ Dated this the 10 th day of November, 2010 JUDGMENT The petitioner filed I.A.No.14693 of 2010 seeking permission to withdraw the Writ Petition without prejudice to the right of the petitioner to agitate the issue involved in the Writ Petition in future, if situation so warrants. 2. In the affidavit accompanying the application it is stated by the petitioner as follows: “The above case is filed assailing Exts.P1 and P5. Pending the case, the Government have issued Government Order dated 18.1.2010, of which a true copy is produced herewith and marked as Ext.P9. In view of Ext.P9, the grievances of the petitioner do not survive any longer. Hence, he may be allowed to withdraw the instant Writ Petition without prejudice to agitate the issue, in future, if situation warrants.” W.P.(C).No.30423 OF 2010 2 3. In the light of the averments in the affidavit accompanying the application, the Writ Petition is dismissed as withdrawn with liberty to file a Writ Petition in future, if the situation so warrants, and without prejudice to the right of the petitioner to resort to other legal remedies. K.T.SANKARAN, JUDGE. cms