IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 34027 of 2010(C) ------------------------------------- PETITIONER(S): ----------------------- N.A.RAJU, PROPRIETOR OF OMEGA HERITAGE, THEKKEMADOM ROAD, THRISSUR DISTRICT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT(S): ------------------------ COMMERCIAL TAX OFFICER, (WC & LT) DEPARTMENT OF COMMERCIAL TAXES, SIVASAKTHI BUILDING, THRISSUR, THRISSUR DISTRICT. R BY GOVT. PLEADER SMT.SHOBA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, ALONG WITH WPC NO. 26819 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.34027/2010 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE ORDER OF DY.COMMISSIONER (APPEALS) DATED 13-11-2008. P2 : COPY OF THE SUMMONS DATED 29-10-2010 ISSUED TO THE PETITIONER. P3 : COPY OF THE REQUEST DATED 03-11-2010 SUBMITTED BY THE COUNSEL FOR PETITIONER BEFORE THE RESPONDENT. P4 : COPY OF THE ORDER NO.32081685963/07-08 DT.03-11-2010 PASSED BY THE RESPONDENT. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE AV S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 34027 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th day of October, 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 without prejudice to the right of the petitioner to challenge Ext.P4 order as well as assessment orders in appeals before the Appellate Authority. The petitioner only seeks a breathing time to seek interim orders in those appeals to be filed. In the above circumstances, this writ petition is dismissed as withdrawn with liberty to the petitioner to file appeals against Ext.P4 as well as assessment orders for the periods in issue against which the petitioner may be aggrieved. If the petitioner files appeals within three weeks against Ext.P4 order and the assessment orders before the Appellate Authority, the same shall be accepted as one filed within time and considered in accordance with law on merits. For three weeks from today, further coercive proceedings on the basis of Ext.P4 shall be kept in abeyance. Sd/- S. Siri Jagan, Judge. Tds/