T UTTAMCHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these writ petitions are tenants in the property situated at New No. 10, (old No. 12), Whites Road, Chennai-600 014. It is not in dispute that the property belongs to one Smt. Badrul Arifa, wife of S.A. Jawersha, who had suffered detention under the provisions of the Conservation of Foreign Exchange arid Prevention of Smuggling Activities Act, 1974. The properties of the said S. A. Jawersha as well as the property which stood in the name of his wife Smt. Badrul Arifa Were forfeited pursuant to the forfeiture notice in file No. OCA/MDS/209/76, dated 31-8-1976 invoking Section 6 of the Smugglers and Foreign Exchange Manipulators Forfeiture of Property Act, 1976 (for brevity the "Act").

(2.) Admittedly, there is no complaint against the procedure followed by the respondents under Sections 6 and 7 of the Act for forfeiting the said properties either by the petitioners herein orby the said S. A. Jawersha or his wife Smt. Badrul Arifa. Even though, the said S. A. Jawersha and his wife Smt. Badrul Arifa challenged the orders of the competent authority forfeiting the said properties, which was confirmed by the Appellate Tribunal of forfeited properties in W.P. Nos. 2016 and 2017 of 2000 respectively, the said writ petitions were dismissed by this Court by an order dated 7-2-2000, which was subsequently confirmed by the Division Bench of this Court by order dated 13-12-2000 in W.A. Nos. 2184 and 2183 of 2000 filed by S. A. Jawersha and Smt. Badrul Arifa, respectively. The Division Bench, while dismissing the above appeals held as under :

(3.) Even though notice under Section 19(1) of the Act to take possession of the said forfeited property was given by the competent authority as early as 8-10-1999, the competent authority could not take possession of the property in view of the constant stalemate created by the said S. A. Jawersha and Smt. Badrul Arifa, by filing writ petitions and writ appeals referred to above.