IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WA.No. 2058 of 2009 --------------------- AGAINST THE JUDGEMENT IN OP.4125/2001 Dated 25/05/2009 .................... APPELLANT/PETITIONER: --------------------------- KURUNGATTIL MOHAMMED KUTTY, SON OF ALAVI HAJI, KARUPPATTIL HOUSE, KOTTUMALA P.O., MATTATHUR, VIA. OTHUKKUNGAL, MALAPPURAM DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE COMPETENT AUTHORITY, SMUGGLER AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT 1976, "UTSAV", NO.64/1, G.N.CHETTY ROAD, TSS NAGAR, CHENNAI 600 017. 2. THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY, 4TH FLOOR, LOK NAYAK BHAVAN, KHAN MARKET NEW DELHI-110 003. BY ADV. SRI.THOMAS J.ANAKKALUNKAL,CGC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & C.N.Ramachandran Nair, J. ------------------------------------------ W.A. No2058 of 2009 ------------------------------------------ Dated this the 9th day of April, 2010 JUDGMENT C.N.Ramachandran Nair, J. The judgment under appeal is one passed by the learned Single Judge setting aside the impugned orders and remanding the matter to the adjudicating authority for deciding the matter afresh based on Ext.P10 guidelines relied upon by the appellant. 2. It is a clear finding of the learned Single Judge that as on the date of the adjudication, the guidelines were apparently in force and therefore the adjudicating authority should have considered the same. 3. The writ appeal is filed by the appellant apprehending that the decision by the adjudicating authority in fresh proceedings will be limited to consideration of application of the guidelines only. However, we do not find any such restriction imposed upon W.A. No.2058 of 2009 - 2 - by the learned Single Judge. In the circumstances, we dismiss the writ appeal. J.Chelameswar, Chief Justice C.N.Ramachandran Nair, Judge vns