IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WA.No. 1611 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19829/2006 Dated 04/08/2010 .................... APPELLANT(S): RESPONDENTS 1 & 2 ------------------------------- 1. M/S.DIVYA EXPORT ENTERPRISES POST BOX NO,.201,PATTATHANAM, KOLLAM-1, 2. G.GOPALAKRISHNA PILLAI, PROPRIETOR, M/S.DIVYA EXPORT ENTERPRIES, GREEN VIEW, VETTILATHAZHAM, KOLLAM-1. BY ADV. SRI.GEORGE JACOB (JOSE) RESPONDENT(S): PETITIONER & 3RD RESPONDENT ------------------------------------------ 1. BANK OF BARODA, REPRESENTED BY THE SENIOR MANAGER, KOLLAM BRANCH, KOLLAM, 2. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, VIIITH FLOOR, K.S.H.B BUILDING, PANAMPILLY NAGAR, COCHIN. 3. THE ASSISTANT COMMISSIONER(ASSESSMENT) SPECIAL CIRCLE, COMMERCIAL TAXES,KOLLAM. R2 AND R3 BY G.P. SRI. MOHAMMED RAFEEQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/09/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W. A. No. 1611 of 2010 -------------------------------------------- Dated this the 27th day of September, 2010 JUDGMENT Ramachandran Nair, J. Appellant's counsel seeks permission to withdraw the Writ Appeal. Government Pleader submitted that observation in the judgment of the learned single Judge that there is no tax arrears may not be correct because many assessments closed as time-barred by the Officer may be reopened as the Officer was unaware of the amendments. We do not think there is any need for us to consider or decide any of the issues raised by the Government Pleader because appellant is free to withdraw the Writ Appeal. Accordingly Writ Appeal is dismissed as withdrawn leaving freedom to the third respondent to move the learned single Judge for modification of the judgment or to file review petition if the facts stated in the judgment are incorrect. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) kk Judge. 2