The Commissioner Of Commercial … vs Ajantha Marketing on 14 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2837 of 2009()


1. THE COMMISSIONER OF COMMERCIAL TAXES,
                      ...  Petitioner
2. THE COMMERCIAL TAX INSPECTOR,
3. THE DISTRICT SUPPLY OFFICER,
4. THE STATION HOUSE OFFICER,
5. THE DISTRICT COLLECTOR, PALAKKAD.

                        Vs



1. AJANTHA MARKETING, NALLUR
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :14/12/2009

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                               V.K.MOHANAN, JJ.
               ....................................................................
                        Writ Appeal No.2837 of 2009
               ....................................................................
              Dated this the 14th day of December, 2009.

                                      JUDGMENT

Ramachandran Nair, J.

Appeal is filed against judgment of the learned Single Judge

directing release of a consignment of bio-diesel on furnishing Bank

Guarantee for the value of the goods with a further direction that goods

shall not be disposed of until further orders. The Additional Advocate

General appearing for the appellant raised various apprehensions as to

the fitness of the product for marketing, safety norms to be followed

etc. Bio-diesel is an alternate fuel used extensively in other countries.

We do not think there is any risk factor involved in the storage of it

being allowed to the petitioner in the W.P.(C) who transported the

same. We, therefore, do not find any ground to interfere with the

interim order. Writ appeal is accordingly dismissed. However, all

objections raised by the State including requirement of licensing under

2

the Petroleum Rules will be considered in the course of hearing the

Writ Petition.

C.N.RAMACHANDRAN NAIR
Judge

V.K.MOHANAN
Judge
pms