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2025 Supreme(Online)(Ker) 58812

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI. – Appellant
Versus
A.SAINABA BEEVI (EXPIRED) W/O.LATE P.M.MOHAMMAD HANEEFA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.VIJAYAKUMAR, ASG OF INDIA, SRI.T.C.KRISHNA, SENIOR PANEL COUNSEL, SRI.S.BIJU, SR.CENTRAL GOVERNMENT STANDING COUNSEL
For the Respondents: None

Table of Content
1. background of appeal and properties involved. (Para 1 , 2 , 3 , 4)
2. arguments against the single judge’s ruling. (Para 5 , 7)
3. court's process in evaluating notice validity. (Para 8 , 9 , 10)
4. final ruling based on statutory compliance. (Para 11)

Dated this the 18th day of December, 2025 Syam Kumar V.M., J.

This appeal is filed by the Union of India challenging the judgment dated 27.05.2010 of the learned Single Judge in O.P.No.23337 of 2000. Appellants were the respondents in the O.P.

2. O.P.No.23337 of 2000 was filed by the widow and son of one Mohammed Haneefa, who was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA'). He died while in custody on 14.02.1977. During pendency of the O.P., the son passed away and his widow (2nd respondent in the W.A.) was impleaded as the 3rd petitioner in the O.P. During pendency of the Writ Appeal, the 1st respondent in the appeal, who was the 1st petitioner in the O.P., passed away and her legal representatives were impleaded as additional respondents No.3 to 7 in the appeal.

3. The O.P. was filed by the Original Petitioners, mother and son, inter alia

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