IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WA.No. 631 of 2010 -------------------------- AGAINST THE JUDGEMENT IN WPC.5249/2010 Dated 22/02/2010 .................... APPELLANT/PETITIONER: ------------------------------------- M/S.MADRAS AUTO SERVICE, 35/3034 A, M.K.VILOPPILLY ROAD, SOUTH PIPELINE JN. THAMMANAM, REPRESENTED BY ITS ACCOUNTS MANAGER, V.SREENIVASAN. BY ADV. SMT.S.K.DEVI SRI.M.RAJ MOHAN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE COMMERCIAL TAX INSPECTOR, DEPT. OF COMMERCIAL TAXES, COMMERCIAL TAX CHECKPOST, WALAYAR. 2. THE ASST. COMMISSIONER, COMMERCIAL TAXES, SPL. CIRCLE I, ERNAKULAM. BY GOVERNMENT PLEADER SRI.K.B.PRADEEP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & C.N.Ramachandran Nair, J. ------------------------------------------ W.A. No.631 of 2010 ------------------------------------------ Dated this the 6th day of April, 2010 JUDGMENT C.N.Ramachandran Nair, J. This writ appeal is filed against the judgment of the learned Single Judge dated 22nd February, 2010 in W.P.(C) No.5249 of 2010 directing release of the goods on payment of fifty percent of the security amount demanded in cash and furnishing simple bond for the balance amount. 2. Since the adjudication under the relevant provision is pending pursuant to the detention of the goods, we do not find any ground to interfere with the discretion exercised by the learned Single Judge for release of the goods. Consequently, the writ appeal is dismissed. J.Chelameswar, Chief Justice C.N.Ramachandran Nair, Judge vns