IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 33921 of 2010(M) -------------------------- PETITIONER: --------------- T.P.UNNENKUTTY,S/O.KUNCHIPOKKU, IRINGAVOOR AMSOM DESOM,TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE UNION OF INDIA REP.BY SECRETARY TO GOVERNMENT OF INDIA,MINISTRY OF FINANCE,NEW DELHI. 2. THE APPELLATE TRIBUNAL FOR FORFIETED PROPERTY, NEW DELHI. 3. THE INSPECTING OFFICER, GOVERNMENT OF INDIA, MINISTRY OF FINANCE,DEPARTMENT OF REVENUE, OFFICE OF THE COMPETENT AUTHORITY SAFEM(FOP) AND NDPS ACT 64/1, GN CHETTY ROAD,T.NAGAR,CHENNAI- 600 017. 4. VILLAGE OFFICER, CHERUYAMUNDAM, TIRUR TALUK, MALAPPURAM DISTRICT. BY GOVT.PLEADER SHRI P.NARAYANAN FOR R3 SHRI T.P.M.IBRAHIM KHAN ASST.S.G.OF INDIA FOR R1 7 R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.33921 Of 2010 M ----------------------------------------------------- DATED THIS THE 10th DAY OF NOVEMBER, 2010 J U D G M E N T The petitioner seeks for a direction to the 2nd respondent- Tribunal to dispose of Exhibit P4 appeal. 2. The petitioner claims to be the owner of 90 cents of land in Survey No.168/2 of Cheriyamundam Village, Iringavoor Amsom Desom, Tirur Taluk, Malappuram District. The copy of the sale deed has been produced as Exhibit P1. It is pointed out that though in the title deed, the survey number is shown as 174/1, the property is in fact in survey No.168/2. 3. Proceedings have been issued by the 3rd respondent against the petitioner under the Smugglers and Foreign Exchange Manipulators(Forfeiture of Property)Act, 1976. The petitioner has a brother Shri T.P.Saidalavi, a detenu under the COFEPOSA Act. Exhibit P2 is the order by which the 3rd respondent ordered forfeiture of certain properties including property consisting of 84 cents in Survey No.168/2 of Cheriyamundam Village. The petitioner is relying upon Exhibit P3 letter stated to have been issued by the 3rd respondent clarifying that the properties in W.P.(C)No.33921/10 -2- Survey No.174/1 and 179/9 of Iringavoor have not been forfeited. 4. Heard Shri T.P.M.Ibrahim Khan, Assistant Solicitor General, who appeared for respondents 1 to 3 and the learned Government Pleader for the fourth respondent. 5. The appeal is filed obviously against the order passed by the 3rd respondent. The grievance raised by the petitioner in the Writ Petition is that the appeal has not been disposed of so far. Exhibit P4 is the copy of the appeal stated to have been filed on 3.4.2009. Exhibit P4(3) is the petition to condone the delay in filing the appeal before the Tribunal. 6. There will be a direction to the Appellate Tribunal to consider and pass orders on Exhibit P4 appeal as well as the application for condoning the delay, after hearing the necessary parties within a period of four months from the date of receipt of a copy of this judgment, if the same has been received and is pending. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment before the Tribunal. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge