IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 8246 of 2009(A) ------------------------- PETITIONER(S): ------------------ SABIRA,AGED 27,W/O.RASHEED,MADAPPILLY, PARIYARAM VILLAGE,MUKUNDAPURAM TALUK,THRISSUR DIST BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PARIYARAM GRAMA PANCHAYATH,REP.BY ITS SECRETARY, PARIYARAM P.O. THRISSUR DISTRICT. 3. THE MANGER AIR CELL MPBAIL, DISH NET WIRELESS LOMITED, 38/721,A.B.M.TOWER, KADAVANTHARA KOCHI-682020. 4. AIR CELL MOBILE, DISH NET WIRELESS LTD. 38/721,020 REPRESENTED BY ITS MANAGER. ADV. MR.V.G.ARUN FOR R4 MR.T.R.HARIKUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.8246 OF 2009 ---------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The petitioner has filed this writ petition challenging the proposed construction of a telecommunication tower by respondents 3 and 4. But the petitioner admits that for the same relief, the petitioner has already filed a suit before the Munsiff Court, Chalakkudy. When this Court opined that in view of the fact that the petitioner has already moved the Civil Court for the same relief, this Court is not inclined to entertain this writ petition, the learned counsel for the petitioner submits that he may be permitted to withdraw this writ petition without prejudice to the right of the petitioner to seek his remedies including interim relief before the Munsiff Court. Accordingly, the writ petition is dismissed as withdrawn without prejudice to the right of the petitioner to prosecute the civil suit and to move the Munsiff Court for interim orders also. S. SIRI JAGAN, JUDGE Acd