Writ petition challenging 2003-2006 SAFEMA attachment orders on property purchased by the petitioner in 2008. The court held the original owner never challenged the attachment order and a subsequent purchaser cannot challenge it after two decades. Petition dismissed with liberty to pursue other remedies.
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.
WP.(MD)No.27767 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 22.10.2025
CORAM :
THE HONOURABLE Mr. JUSTICE P.VELMURUGAN and THE HONOURABLE Mrs. JUSTICE L.VICTORIA GOWRI
WP.(MD)No.27767 of 2024 in WMP(MD) No.23568 and 23569 of 2024
S.Kesavan
... Petitioner
vs.
1.The Commissioner/Competent Authority, Smugglers and Foreign Exchange Manipulators Office, No.1, 64/1, G.N.Shetty Road, T.Nagar, Chennai.
2.The District Collector, Collectorate Campus, Ramanathapuram, Ramanathapuram District.
3.The Tahsildar, Taluk Office, Ramanathapuram Taluk & District.
4.Ashok Kumar
... Respondents
PRAYER: Writ Petition Criminal is filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus to call
1
WP.(MD)No.27767 of 2024
for the records pertaining to the impugned orders of attachment, vide proceedings F.No.OCA/MDS/2734/88, dated 24/09/2003 and F.No.OCA/MDS/2734/88 dated 10/12/2003 issued by the 1st respondent and consequently impugned order issued by the second respondent vide proceedings Pa.Ma.No.(D3)96334/03, dated 22/03/2006 and further impugned order issued by the 3rd respondent Vide No.K.A.N2/155/04, dated 28/09/2005 and quash the same as illegal, improper, unlawful, unconstitutionay and arbitrary and consequently, direct the respondents 1 to 3 to restore the properties in its original position comprised in Survey No.311/6 situated at Kalanikudi Hamlet of Devipattinam Revenue Village, Ramanathapuram Taluk and district.
For Petitioner : Mr.R.Murugan For R-1 : Mr.K.Govindarajan, Deputy Solicitor General of India For R-2 & R3 :Mr.N.RameshArumugam, Government Advocate For R4 : Mr.S.N.Sathishwaran O R D E R
(Order of the Court was made by P.VELMURUGAN. J .,)
The petitioner has filed this writ petition challenging the proceedings in F.No.OCA/MDS/2734/88, dated 24/09/2003 and
2
WP.(MD)No.27767 of 2024
F.No.OCA/MDS/2734/88 dated 10/12/2003 issued by the 1st respondent and consequential proceedings issued by the second respondent in Pa.Ma.No.(D3)96334/03, dated 22/03/2006 and also the order issued by the 3rd respondent vide No.K.A.N2/155/04, dated 28/09/2005 and quash the same as illegal, improper, unlawful, unconstitutional and arbitrary and consequently, direct the respondents 1 to 3 to restore the properties in its original position comprised in Survey No.311/6 situated at Kalanikudi Hamlet of Devipattinam Revenue Village, Ramanathapuram Taluk and district.
3
WP.(MD)No.27767 of 2024
ground that the impugned order dated 24.09.2003 is hit by violation of the principals of natural justice and reflects non-application of mind.
(P.V., J) (L.V.G., J ) 22.10.2025 Index : Yes/No Internet : Yes/No aav
To
1.The Commissioner/Competent Authority, Smugglers and Foreign Exchange Manipulators Office, No.1, 64/1, G.N.Shetty Road, T.Nagar, Chennai.
4
WP.(MD)No.27767 of 2024
2.The District Collector, Collectorate Campus, Ramanathapuram, Ramanathapuram District.
3.The Tahsildar, Taluk Office, Ramanathapuram Taluk & District.
4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
5
WP.(MD)No.27767 of 2024
P.VELMURUGAN, J and L.VICTORIA GOWRI, J.
aav
WP(MD)No.27767 of 2024
22.10.2025
6
1 issue framed by the court
Whether a subsequent purchaser can challenge a 2003 SAFEMA attachment order passed against the original owner after two decades.
2 provisions across 2 enactments
S.Kesavan
The Commissioner/Competent Authority, Smugglers and Foreign Exchange Manipulators Office
The District Collector, Ramanathapuram
The Tahsildar, Ramanathapuram Taluk
Ashok Kumar
P.Velmurugan
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
