IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 OP.No. 13396 of 2000(T) ---------------------------------- PETITIONER: ------------------- MRS. C.H. ARIFA, W/O. M.C. MUSTHAFA, AGED 48, RESIDING AT `ALFAJAR' NO.KR XXXI/287, OLD P.O. ROAD, CANNANORE-1. BY ADV. SMT.M.LALITHA NAIR. RESPONDENTS: ----------------------- 1. THE COMPETENT AUTHORITY, SAFEM (FOP) & NDPS ACTS, `UTSAV', 64/1, G.N.CHETTY ROAD, T. NAGAR, CHENNAI - 600 017. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE TAHSILDAR, KANNUR. 4. THE VILLAGE OFFICER, KANNUR - II, KANNUR. 5. THE APPELLATE TRIBUNAL OF FORFEITED PROPERTY, 4TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003. R2 TO R4 BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN, R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 13396/2000-T: ORDER ON C.M.P. NO. 21842/2000 IN O.P. NO. 13396/2000-T DISMISSED 04/12/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER M.P. NO. 110/M/98 IN APPEAL FPA NO. 69/MDS/98 DTD. 16/08/99. EXT.P.2: COPY OF THE AFFIDAVIT OF UNDERTAKING DTD. 04/09/1999 BEFORE THE R.1. EXT.P.3: COPY OF THE LETTER DTD. NIL. SUBMITTED TO THE R.1. EXT.P.4: COPY OF THE ORDER DTD. 29/03/2000 IN OCA/MDS/2816/91. EXT.P.5: COPY OF THE FRESH STAY PETITION AND AFFIDAVIT IN SUPPORT THEREOF SUBMITTED TO THE APPELLATE TRIBUNAL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO. 13396 of 2000-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2008. JUDGMENT The original petition is filed challenging Ext.P4 order passed by the first respondent. As per Ext.P4, 11 cents of property in R.S.No.325, Ward 3 of Kannur Municipality, held in the name of the petitioner was ordered to be forfeited. The allegation in the above order is that the petitioner had not complied with the conditions specified in the interim order of the Appellate Tribunal for Forfeited Property, dated 23.7.1999. 2. The petitioner is the wife of one M.C. Musthafa who had suffered detention under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The proceedings were initiated under Section 6(1) of the Act and a notice under Section 6(2) was served on the petitioner for forfeiture of 11 cents of land in R.S.No.325, Ward 3 of Kannur Municipality as well as the residential house therein. The competent authority found against the petitioner and aggrieved by the said order, the petitioner filed appeal before the Appellate Tribunal. The Appellate Tribunal passed Ext.P1 order of stay making it conditional, on comlying with various terms. According to the petitioner, she had complied OP 13396/2000 2 with the conditions prescribed therein and had filed Exts.P2 and P3 before the Tribunal. But, in the meantime, Ext.P4 was issued. The petitioner maintains that she had complied with the conditions in the interim order of stay granted by the Tribunal. Again, she had filed Ext.P5 before the Tribunal seeking to stop further proceedings pursuant to Ext.P4. 3. The respondents have filed a counter affidavit justifying the action taken. Primarily, it was for the Appellate Tribunal to verify whether the conditions provided as per the interim order was complied with, especially since Ext.P5 was filed by the petitioner before the said Tribunal. This court, as per interim order in C.M.P.21842/2000, dated 9.5.2000 had stayed the implementation of Ext.P4 for taking over possession of the land in question. It is not clear whether the appeal itself has been disposed of already. Therefore, maintaining the interim order, this original petition is disposed of directing the Appellate Tribunal for Forfeited Property to dispose of the appeal filed by the petitioner, viz. F.P.A. No.69/MDS/98, if it is not already disposed of. The original petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/ OP 13396/2000 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.13396 of 2000 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 4th December, 2008.