IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 RP.No. 1374 of 2008(Y) -------------------------------------- AGAINST THE JUDGEMENT IN WPC.18895/2008 .................... REVIEW PETITIONER(S): PETITIONERS -------------------------------------------------------- 1. A.ABDUL SALAM, S/O.AHAMMED HUSSAIN, AGED 54 YEARS, KAITHAVARAM BUNGLOW, KANKATHUMUKKU, KOLLAM. 2. JUVAIRY SALAM, W/O.A.ABDUL SALAM, KAITHAVARAM BUNGLOW, KANKATHUMUKKU, KOLLAM. 3. KAIKKARA CONSTRUCTION COMPANY, REPRESENTED BY ITS MANAGING PARTNER A.ABDUL SALAM, S/O.AHAMMED HUSSAIN, AGED 54 YEARS, KAITHAVARAM BUNGLOW, KANKATHUMUKKU KOLLAM. 4. M/S.KOTTARAKKARA PETROLEUM COMPANY, REPRESENTED BY ITS MANAGING PARTNER A.ABDUL SALAM, S/O.AHAMMED HUSSAIN, AGED 54 YEARS, KAITHAVARAM BUNGLOW, KANKATHUMUKKU KOLLAM. 5. KAIKKARA CONSTRUCTION COMPANY PVT.LTD, REPRESENTED BY ITS MANAGING PARTNER A.ABDUL SALAM, S/O.AHAMMED HUSSAIN, AGED 54 YEARS, KAITHAVARAM BUNGLOW, KANKATHUMUKKU KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RP.NO.1374/08 IN WPC.18895/08Y RESPONDENT(S): RESPONDENTS -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI. 2. THE COMMISSIONER OF INCOME TAX, CENTRAL, ERNAKULAM. 3. THE JOINT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, DEVI KRIPA, PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM. 4. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOLLAM. R1 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL. R2 TO R4 BY SHRI JOSE JOSEPH, SC, KT. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- R.P.NO.1374 OF 2008 IN W.P.C. NO. 18895 OF 2008 Y -------------------------------------- Dated this the 6th January, 2009 ORDER I heard Shri P. B. Suresh Kumar, learned counsel appearing for the petitioners and also Shri Jose Joseph, learned standing counsel appearing on behalf of respondents 2 to 4. The Writ Petition was disposed of directing respondents 2 to 4 to release the documents and articles remaining to be released to the petitioners as soon as may be, upon receipt of the communication from the CBDT accepting the decision of the Settlement Commission. The Judgment is dated 2.7.2008. The Review Petition is filed pointing out that the Settlement Commission had rendered its decision as early as on 11.3.2008 and the question of challenging the said decision does not arise now. Petitioners are aggrieved in so far as no time limit was prescribed either for CBDT to take a decision on the question of challenging the correctness of the decision of the Settlement RP.1374/08 IN WPC.18895/08Y 2 Commission or for the respondents to release the documents and articles seized from the petitioners. 2. Having heard the counsel for the parties, I feel that the Review Petition deserves to be allowed. Accordingly, I allow the Review Petition and modify the direction in the Judgment by ordering that the documents and articles remaining to be released, shall be released to the petitioners, at any rate, within a period of ten weeks from today. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge