IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 8575 of 2007(U) ------------------------- PETITIONER: ------------ JIJI P.V., D/O.P.MOHANAN, SOPANAM, CHETTIPARAMBATH, AMBILAD P.O., KUTHUPARAMBA, KANNUR DISTRICT. LECTURER SREE NARAYANA COLLEGE, KANNUR. BY ADV. SRI.P.P.RAMACHANDRAN RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION, DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE. 3. PRINCIPAL, SREENARAYANA COLLEGE, KANNUR. ADDL. R4: THE MANAGER, SREENARAYANA COLLEGE, KANNUR (IMPLEADED AS ADDL. RESPONDENT NO.4 AS PER ORDER DATED 28/6/07 IN IA. 8797/07.) BY GOVERNMENT PLEADER SRI. T.T. MAHMOOD. SRI. A.N. RAJAN BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8575 of 2007 APPENDIX EXT.P1: COPY OF THE EXPERIENCE CERTIFICATE DATED 20.6.2005 ISSUED BY R3. EXT.P2: COPY OF COMMUNICATION DTD 18.11.2005 OF R3 TO THE PETITIONER. EXT.P3: COPY OF THE COMMUNICATION DTD 26.12.2005 OF R3 TO R2. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.8575 OF 2007 ---------------------------------------- Dated this the 28th day of February, 2008 JUDGMENT The learned counsel for the petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioner to file a suit for the reliefs prayed for in this writ petition. He also prays that the period during which the petitioner was prosecuting this writ petition may be directed to be excluded for the purpose of calculating period of limitation. I have heard the parties. In view of the request made by the petitioner, this writ petition is disposed of without prejudice to the right of the petitioner to file a suit on the same cause of action. If a suit is so filed, the appropriate Civil Court shall consider whether the period during which the petitioner was prosecuting this writ petition can be excluded for the purpose of calculating period of limitation. S. SIRI JAGAN, JUDGE Acd