IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 9218 of 2011(B) -------------------------------- PETITIONER(S): ------------------- K.VASANTHY,W/O.RAMACHANDRA PANICKER, AGED 61 YEARS,JAGANIVAS,RAMANATTUKARA AMSOM, VELIPRAM DESOM,KOZHIKODE TALUK,KOZHIKODE DISTRICT. BY ADVS. SRI.K.D.BABU SRI.K.N.PADMAKUMAR RESPONDENT(S): -------------------- 1. THE DEPUTY TAHSILDAR(RR),CIVIL STATION, KOZHIKODE-673001. 2. KONDOTTY GRAMA PANCHAYATH,REP.BY ITS SECRETARY,KONDOTTY-673638. 3. THE SECRETARY,KONDOTTY GRAMA PANCHAYATH, KONDOTTY-673638. 4. THE DIRECTOR,LOCAL FUND AUDIT,VIKAS BHAVAN,THIRUVANANTHAPURAM-695001. R1 BY GOVT.PLEADER SRI.K.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.9218 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2011 J U D G M E N T In this writ petition I passed an order on 23.03.2011 as follows: “When it was pointed out to the learned counsel for the petitioner that he is challenge Ext.P5, which is only the revenue recovery proceedings and he has not challenged the order by which the liability, which is sought to be recovered by Ext.P5, has been fixed which liability has been intimated as early as on 19.10.2009 by Ext.P4, the learned counsel for the petitioner seeks time.” The counsel for the petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioner to challenge the fixation of liability as well. Permission is granted and the writ petition is dismissed as withdrawn with liberty to file a fresh writ petition challenging the fixation of liability as well, if such writ petition challenging the fixation of liability is maintainable insofar as the liability is not sought to be recovered from the retirement benefits of the petitioner. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE