MATILDA ROSAMONDA GIFFORD Vs. STATE OF KERALA

JUDGEMENT

(1.) The controversy in these cases relates to a property, which is better known as 'Alathur Estate' at Wayanad, originally owned by late Edward Joubert Van Ingen, a man of British origin, stated to have been born and domiciled in India.

(2.) It transpires that late Van Ingen executed a Sale Deed, bearing No.267/2006, of Mananthavadi SRO (herein after referred to as the 'Gift Deed' for short) favouring the petitioner in WP(c) No.11/2022 - Sri.Micheal Floyid Eshwar; and he had transferred the property in his name by completing mutation and Transfer of Registry.

(3.) However, thereafter, proceedings were initiated by the District Collector, invoking powers under the Kerala Escheat and Forfeiture Act, 1964, (hereinafter referred to as the 'Escheat Act' for short). This led to Ext.P11 being issued by the said Authority, finding that, even though late Van Ingen was the valid owner of the property in question, he obtained no competence to execute the "Gift Deed" in favour of Sri.Micheal Floyid Eshwar, without having obtained permission from the competent Authorities under the Foreign Exchange Regulation Act (FERA)/Foreign Exchange Management Act (FEMA).