IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH MAY 2007 / 3RD JYAISHTA 1929 WA.No. 1203 of 2007() AGAINST THE JUDGEMENT IN WPC.10001/2007 Dated 30/03/2007 APPELLANT: PETITIONER IN THE WPC -------------------------------- M/S.PYRAMID INFRASTRUCTURE PVT. LTD., NAVAL ACADEMY PROJECT, EZHIMALA P.O., RAMANTHALI, KANNUR DISTRICT REPRESENTED BY ITS AUTHORISED SIGNATORY N.SURENDRA. BY ADV. SRI.V.P.SUKUMAR RESPONDENTS: RESPONDENTS IN THE WPC ----------------------------------- 1. THE COMMERCIAL TAX OFFICER (WC & LT), KANNUR. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SPECIAL GOVERNMENT PLEADER FOR TAX SRI.V,V,ASHOKAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.T.SANKARAN,J. ------------------------------------ W.A. NO. 1203 OF 2007 ------------------------------------ Dated this the 24th day of May, 2007 JUDGMENT H.L.DATTU, C.J. Learned Government Pleader is directed to take notice for the respondents and is permitted to file a memo of appearance within six weeks from today. 2. Learned senior counsel, after arguing the matter for quite some time, seeks leave of the Court to withdraw the appeal. Permission is granted and the appeal is disposed of as withdrawn. However, liberty is reserved to the appellant to file a revision petition before the revisional authority against the impugned order (Ext.P4) as provided under Section 36 of the Kerala General Sales Tax Act, 1963 within a month's time from today. If such a revision petition is filed within the time granted, the revisional authority is directed to consider the same on merits within three W.A. NO.1203 OF 2007 :: 2 :: months from the date of filing of the revision petition. All the contentions are left open. Ordered accordingly. (H.L.DATTU) Chief Justice (K.T.SANKARAN) Judge ahz/