IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WA.No. 1883 of 2008 ------------------------------ AGAINST THE JUDGEMENT IN WPC.23025/2008 Dated 07/08/2008 .................... APPELLANT: (PETITIONER) ---------------------------------------- V.H.NOORSALAM, M/S.NIBSON TRADERS AND CREPE MILLS, NATTAKOM P.O., KOTTAYAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ----------------------- 1. COMMERCIAL TAX OFFICER, SECOND CIRCLE, KOTTAYAM. 2. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOTTAYAM. BY SENIOR GOVERNMENT PLEADER SRI.MUHAMMED RAFIQ THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1883 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September 2008 JUDGMENT H.L.DATTU, C.J. After arguing the matter for quite sometime, Sri.T.M.Abdul Latheef, learned counsel for the appellant, seeks leave of the Court to withdraw the Writ Appeal, with liberty to file a second appeal before the Appellate Tribunal as directed by the learned Single Judge in three weeks time. 2. In our opinion, the request made by the learned counsel, if it is granted, would not cause any prejudice to the other side. 3. Accordingly, we dispose of this Writ Appeal as under: (i) Writ Appeal is disposed of as withdrawn. (ii) Appellant is granted another four weeks time from today, to file second appeal against the orders passed by the First Appellate Authority in S.T.A.139/08, dated 30-6-08. W.A.No.1883 OF 2008 :: 2 :: (iii) The respondent authorities shall not initiate coercive steps to recover the amount due from the appellant for a further period of four weeks from today. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes/dk