Writ petition challenging an appeal order where land mentioned at the forfeiture stage appeared first in the appellate order, arguing procedural irregularity under the SAFEMA.
Writ petition dismissed; connected WMP closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
Coram THE HON'BLE MR. JUSTICE P.N.PRAKASH AND THE HON'BLE MR. JUSTICE V.SIVAGNANAM
W.P.No. 26021 of 2003
and WMP.No.29841 of 2019
The Competent Authority,
SAFEM(Forfeiture of Properties Act, 1976),
No.64/1, G.N.Chetty Road,
T.Nagar, Chennai - 600 017. ..Petitioner
Vs.
1.S.Thenmozhi
2.N.Kanagasabapathy
3.T.N.Gunasekaran
4.Paruttikrishnan
5.The Registrar
Appellate Tribunal for Forfeited Property,
Lok Nayak Bhavan, 4th Floor,
Khan Market,
New Delhi - 110 003. .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records in Appeal No.FPA/82/MDS/2002 dated 24.02.2003 on the file of the fifth respondent and quash the same.
For Petitioner .. Mr.S.Diwakar, ASG For Respondents .. Mr.S.Siva Kumar for R1 to R4 Mr.J.Madhanagopal Rao Senior Panel Counsel for R5
ORDER
(Made by P.N.PRAKASH, J.)
This writ petition challenges the order in No.FPA/82/MDS/2002, dated 24.02.2003, passed by the Appellate Tribunal For Forfeited Property, New Delhi, passed under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, (for short, 'the SAFEMA').
Sd/Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
ssm
To
1. The Registrar
Appellate Tribunal for Forfeited Property,
Lok Nayak Bhavan, 4th Floor,
Khan Market,
New Delhi - 110 003.
+1cc to Mr.S. DIWAKAR, Advocate, S.R.No.7111
+4cc to Mr.S. SIVAKUMAR, Advocate, S.R.No.7001(19/03/2021)
W.P.No. 26021 of 2003
and WMP.No.29841 of 2019
AK-11(CO)
SM/03/03/2021
KKV/19/03/2021
2 issues framed by the court
Whether an order of forfeiture under Section 19(1) of the SAFEMA attaching a property can be sustained if the property was not mentioned in the Section 6(1) show cause notice or the Section 7 forfeitu
Whether the High Court should interfere with the Appellate Tribunal's order in the pending appeal.
3 provisions across 1 enactments
The Competent Authority, SAFEM
S.Thenmozhi
N.Kanagasabapathy
The Registrar, Appellate Tribunal for Forfeited Property
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
