IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH OCTOBER 2007 / 23RD ASWINA 1929 WP(C).No. 30505 of 2007(F) -------------------------- PETITIONER: ------------ M/S KINETIC MOTOR CO. LTD., ROOM NO.1, 1ST FLOOR, PENTA TOWERS, OPP. KALOOR BUS STAND, KALOOR, COCHIN-682017. REPRESENTED BY ITS DIRECTOR, SULAJA FIRODIA MOTWANI. BY ADV. SRI.K.J.ABRAHAM RESPONDENT: ------------- THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST, WALAYAR. BY GOVT. PLEADER SRI. K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) NO. 30505 OF 2007 --------------------- Dated this the 15th day of October, 2007 J U D G M E N T Petitioner is aggrieved by the detention of a consignment of microwave ovens as per Ext.P2. It is submitted that the microwave oven was brought as a gift article. Although certificate of ownership was not made available at the time of detention, Ext.P3 certificate of ownership has subsequently been produced, submits the counsel. The dispute which led to the detention is a matter for enquiry to be conducted by the enquiry officer. The question to be considered now is whether the goods are to be released at this stage. In the facts and circumstances of the case, particularly in the light of Ext.P3 certificate of ownership produced by the petitioner before the respondent, I see no reason to continue the detention. Accordingly, I direct that the goods detained as per Ext.P2, be released to the petitioner on its execution of a simple bond without sureties. The enquiry officer will conduct the enquiry in accordance with law. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE vps