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 TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WA.No. 2098 of 2009() --------------------- AGAINST THE JUDGEMENT IN OP.9958/2002 Dated 03/06/2009 .................... APPELLANTS : PETITIONERS --------------------------------------- 1. BEEFATHUMMA, D/O.KADAVATH HASSAN W/O. SALAM, NADAKKAL HOUSE P.O.KALNAD, KASARAGOD DISTRICT. 2. UMMALI UMMA, D/O. KADAVATH HUSSAIN W/O HAMSA, PILAVADUKAM. P.O. KAINAD., KASRGODE DISTRICT 3. ABDULLA HUSSAIN, S/O KADAVATHU HUSSIAN. RAHMATHBEE MANZIL, P.O. KALNAD, KASARAGOD DISTRICT. 4. MANHAMMA, D/PS KADAVATH HUSSAIN, W/O. HASSAN , KEEZHUR, P.O.CHANDRAGIRI, KASARGODE.. 5. RUKIA, W/O. JAMAL, KOOTHITTI HOUSE DELI PO, DO..DO.. 6. ABDUL KHADER, S/O KADAVATH HUSSAIN, KADAVATH HOUSE, P.O. KALNAD, KASARGODE DISTRICT. BY ADV. MR. M.RAMESH CHANDER MS. K.A.SANJEETHA MR. ANEESH JOSEPH RESPONDENTS : RESPONDENTS ---------------------------------------------- 1. THE COMPETENT AUTHORITY SMUGGLERS AND FOREIGN ,EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, UTSAV.NO.64/1. G.N.CHETTY ROAD,T.NAGAR, CHENNAI-17. 2. THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY, 4TH FLOOR, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI - 3. ADV. SRI.A.D.RAVENDRA PRASAD, CGC MR. T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.A. No. 2098 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of March, 2011 JUDGMENT J. Chelameswar, C.J. Aggrieved by judgment dated 3rd June, 2009 in O.P. No. 9958 of 2009, the petitioners therein preferred the instant appeal. By judgment under appeal the said O.P. was disposed of. The judgment reads as follows: “Since connected O.Ps. namely O.P. Nos. 19386, 19387, 19388 and 19240 of 2001 were disposed of on 06.04.2008, this O.P. is also disposed of with the same findings, observations and directions as contained in the said judgment.” 2. When the matter is taken up today, the learned counsel for the appellants submits that, the appeal preferred against the judgment in O.P. No. 19240 of 2001 by the petitioners therein, as W.A. 1645 of 2007, is allowed in part by judgment dated 24th February, 2009. In the circumstances, we deem it appropriate to allow this appeal, setting aside the judgment under appeal and remit the matter for disposal in accordance with law. J. CHELAMESWAR, CHIEF JUSTICE P. R. RAMACHANDRA MENON, JUDGE kmd