IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 RP.No. 619 of 2011(K) --------------------- [W.P.(C).No. 21502/2011] REVIEW PETITIONER(S): ---------------------- M/S.MYTHRI METALS B.NO.VIII/38 A,ADAKKAPUTHUR, CHERPULASSERY, PALAKKAD REPRESENTED BY THE PARTNER T.K.ANAS. BY ADV. SRI.C.K.THANU PILLAI RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) TALUK OFFICE. OTTAPPALAM 679001. 2. THE COMMERCIAL TAX OFFICER OTTAPPALAM 679 001. 3. THE INTELLIGENCE OFFICER INVESTIGATION BRANCH, COMMERCIAL TAXES PALAKKAD 678 001. GOVT. PLEADER SHRI.V.K.SHAMSUDHEEN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.No. 619/2011 APPENDIX PETITIONER(S)' EXHIBITS Annexure CERTIFIED COPY OF THE JUDGMENT IN W.P.(C).No. 21502/2011. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== R.P.No. 619/2011 in W.P.(C).No. 21502/2011 ================== Dated this the 22nd day of August, 2011 O R D E R This review petition is filed by the petitioner in W.P.(C).No. 21502/2011 seeking review of my judgment dated 8.8.2011 so that the petitioner can withdraw the writ petition itself without prejudice to the right of the present owner of the establishment to file a separate writ petition to contend that since the ownership has changed, the present owner is not liable for the penalty imposed because of the violation of the former owner. In view of the peculiar facts and circumstances of the case, I recall my judgment dated 8.8.2011 and dismiss the writ petition as withdrawn without prejudice to the right of the aggrieved person to file a fresh writ petition on the same cause of action. But I hasten to add that I have not considered the merit of the contention of the petitioner regarding the liability and the petitioner has to satisfy this court his contentions against liability in the fresh writ petition to be filed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2