IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WA.No. 2837 of 2009() --------------------- AGAINST THE ORDER IN WPC.34639/2009 Dated 09/12/2009 .................... APPELLANTS/RESPONDENTS: -------------------------- 1. THE COMMISSIONER OF COMMERCIAL TAXES, TRIVANDRUM. 2. THE COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK LPOST, WALAYAR, PALAKKAD DISTRICT. 3. THE DISTRICT SUPPLY OFFICER, PALAKKAD. 4. THE STATION HOUSE OFFICER, WALAYAR POLICE STATION, PALAKKAD DISTRICT. 5. THE DISTRICT COLLECTOR, PALAKKAD. BY ADDL. A.G. SRI.RANJITH THAMPAN SPL. G.P. SRI.VINOD CHANDRAN RESPONDENT(S): PETITIONER: -------------------------- AJANTHA MARKETING, NALLUR FEROKE, KOZHIKODE DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, RAMESAN P., AGED 42 YEARS, S/O.VASU. BY ADV. SRI.BABU S. NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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