IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 13348 of 2011(P) -------------------------- PETITIONER(S): ------------------------ M/S.J&J TIMBERS, 23/418, MAIN ROAD, CHALAKUDY- REPRESENTED BY ITS MANAGING PARTNER, SHRI.C.D.JOSEPH. BY ADVS. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENT(S): ------------------------ 1. THE INTELLIGENCE OFFICER (IB), ERNAKULAM, OFFICE OF THE DEPUTY COMMISSINER(INT.), DEPARTMENT OF COMMERCIAL TAXES AT EDAPPALLY, COCHIN-682 024. 2. THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE, COMMERICAL TAXES, THRISSUR-680001. 3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM- 682016. 4. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SR. GOVT. PLEADER C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13348 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ASSESSMENT ORDER DATED 28.10.2002 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THE NOTICE DATED 2.6.2006 ISSUED BY THE 1ST RESPONDENT. EXT.P3 : COPY OF THE ORDER DATED 25.7.2006 ISSUED BY THE 1ST RESPONDENT. EXT.P4 : COPY OF THE ORDER DATED 18.11.2009 ISSUED BY THE 3RD RESPONDENT. EXT.P5 : COPY OF THE JUDGMENT DATED 15.10.2010 IN W.P.(C) No.30027 OF 2010 OF THIS HONOURABLE COURT. EXT.P6 : COPY OF THE ORDER DATED 29.3.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P7 : COPY OF THE APPLICATION DATED 30.12.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8 : COPY OF THE JUDGMENT DATED 17.12.2010 IN W.P.(C) No.31097 OF 2007 OF THIS HONOURABLE COURT. EXT.P9 : COPY OF THE ORDER DATD 31.8.2010 OF THE KERALA SALES TAX APPELLATE TRIBUNAL, ERNAKULAM IN TA No.637/09. EXT.P10 : COPY OF THE STATEMENT SUBMITTED PREPARED BY THE DEPARTMENT. EXT.P11 : COPY OF THE REPLY DATED 28.9.2010 GIVEN BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P12 : COPY OF THE ORDER IN RECTIFICATION PETITION No.13/10 IN TA 637/09 PASSED BY THE KERALA SALES TAX APPELLATE TRIBUNAL, ERNAKULAM. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Kp S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 13348 OF 2011 ------------------------------------------------- DATED THIS THE 8th DAY OF JULY, 2011 J U D G M E N T After arguing for some time, the learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file an appeal against the impugned order. Accordingly this writ petition is dismissed without prejudice to the right of the petitioner to file an appeal against the impugned order. If the petitioner files an appeal against the impugned order within two weeks, the same shall be considered as one filed within time and disposed of on merits. Sd/- S. SIRI JAGAN, JUDGE. AMG True copy P.A to Judge