IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 18895 of 2008(Y) ------------------------------------- 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 B 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 PRIVATE LTD., REPRESENTED BY ITS MANAGING DIRECTOR A.ABDUL SALAM S/O. AHAMMED HUSSAIN, AGED 54 YEARS KAITHAVARAM BUNGLOW,KANKATHUMUKKU, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE 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. WPC. 18895/08 Y 4. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE,KOLLAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 R2 TO R4 BY SHRI GEORGE K. GEORGE, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 18895 OF 2008 Y ---------------------------------------- Dated this the 2nd July, 2008 JUDGMENT Prayer in the Writ Petition is to command respondents 2 to 4 to release the documents and articles seized from the premises of the petitioners on 5.2.2004 within a time limit. I heard Shri P.B. Suresh Kumar, learned counsel for the petitioners and Shri George K. George, learned standing counsel appearing on behalf of the respondents. Learned counsel for petitioners points out that after filing the Writ Petition, the Department has released three documents copies of which have been produced in the Writ Petition. Regarding the documents and articles remaining to be released, learned standing counsel appearing for the Department would submit that the matter is awaiting the approval of the CBDT with regard to the question of challenging the decision of the Settlement Commission. He would further submit that the remaining articles and documents will be released as soon as possible, upon getting communication from WPC. 18895/08 Y 2 the CBDT deciding to accept the decision of the Commission. In the light of this, the Writ Petition is 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. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge