IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 30669 of 2010(G) -------------------------------- PETITIONERS: --------------- 1. SAJITHA, AGED 46 YEARS, W/O.SUBAIR, RESIDING AT 6/1214, KUTTIKULAM ROAD, MATTANCHERRY, KOCHI. 2. H.SALIM, AGED 17 YEARS, RESIDING AT 6/1214, KUTTIKULAM ROAD, MATTANCHERRY, KOCHI. 3. V.M.IBRAHIM, AGED 48, RESIDING AT 6/1214, KUTTIKULAM ROAD, MATTANCHERRY, KOCHI. 4. H.HABEEB, AGED 45 YEARS, RESIDING AT 6/1214, KUTTIKULAM ROAD, MATTANCHERRY, KOCHI. BY ADV. SRI.V.B.NARAYANAN SRI.M.P.HARIKUMARAN PILLAI RESPONDENTS: ----------------- 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI. 2. COMPETENT AUTHORITY, SAFEH (FOP), 'UTSAV' NO.64/1, T.NAGAR, MADRAS-17. 3. DISTRICT COLLECTOR, ERNAKULAM DISTRICT-682030. 4. TAHSILDAR, KOCHI TALUK-682002. 5. VILLAGE OFFICER, MATTANCHERRY VILLAGE-682002. R1 & R2 BY SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL R3 TO R5 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.30669 of 2010 ------------------------------------------ Dated this the 3rd day of February, 2011 JUDGMENT J.Chelameswar, C.J. The writ petition is filed with the prayers as follows: “i) issue a writ or direction to the respondents that the petitioners shall not be dispossessed from item No.2 of the property mentioned in Exhibit P1 order until the property is sold in accordance with law. ii) issue a writ or direction to the respondents to sell item No.2 of the property referred to Exhibit P1 for a reasonable amount fixed in accordance with law by the concerned authority. iii) issue a writ or direction to the respondents to measure the 3.585 cents of property lying contiguously along with 12 cents of property lying in Sy.No.68 in the possession of petitioners. iv) pass such other writ or order which this Honourable Court deems fit and proper to grant in the facts and circumstances of the property.” 2. Proceedings were initiated against the petitioners under the provisions of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property Act), 1976. By an order dated 17.11.1994 the competent authority WP(C) No.30669 of 2010 - 2 - under the above mentioned Act passed an order of forfeiture of certain properties of the petitioners herein. Aggrieved by the same the petitioners herein carried the matter in a statutory appeal unsuccessfully. The orders became final. 3. The present writ petition is filed “complaining that the respondents are trying to take forcible possession of the property”. 4. When the matter is taken up, learned counsel for the petitioners makes a submission which he calls a “limited submission”, that the petitioners may not be dispossessed from the property in question until the property is sold by the respondents after following the appropriate procedure of law. Except making such a submission nothing in law is brought to the notice of this Court which entitles the petitioners for such a relief. Admittedly the property is already confiscated. We do not see any merit in the writ petition and the same is dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns