IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 7737 of 2011(N) ------------------------- PETITIONER(S): --------------- JOSEPH C.K.,AGED 59 YEARS, S/O.C.T.KURIACHAN, KOLLARETH HOUSE, PERUMPUNNA P.O.,PERAVOOR, KANNUR-670673 BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIAL DEPARTMENT, THIRUVANANTHAPURAM 2. THE DIRECTOR DEPARTMENT OF MINING AND GEOLOGY THIRUVANANTHAPURAM 3. GEOLOGIST MINING AND GEOLOGY DEPARTMENT DISTRICT OFFICE,KANNORE-670002 SENIOR GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.7737 OF 2011 -------------------------------- Dated this the 17th day of March 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) To call for the records relating Exts.P1 to P13 and to issue a writ of certiorari quashing Ext.P13 order as illegal, unjust and opposed to law. ii) To issue appropriate order or direction declaring that the order passed in appeal referred as G.O(Rt) No.1447/2009 ID dated 16-11-2009 is nonest in law as passed against a deceased persons and hence a nullity. Iii) Any other appropriate writ, order or direction also may be granted to meet out justice under the circumstances of the above case. 2. Heard the learned Govt. Pleader as well. 3. Going by the contents of Ext.P13 dated 07-02-2011 passed by the third respondent, it is seen that the liability has been sought to be mulcted upon the shoulders of the legal heirs of the deceased Kuriachan, referring to dismissal of the appeal preferred by the late Kuriachan, before the Govt. As a matter of fact, the order passed by the concerned authority seeking to realise the royalty as well as the cost of the granite stones from the property of the late Kuriachan was subjected to challenge by filing an appeal before the Govt. during his life time. Since the matter was not finalised, the said Kuriachan had approached this Court by filing W.P.(C) No.19696/2006, which culminated in Ext.P9 judgment, whereby the first respondent/State was directed to consider the appeal with notice to the petitioner and pass appropriate orders therein in W.P.(C) No. 7737/2011 - 2 - accordance with law, at any rate within 'two months'. 4. It is stated that nothing took place in the positive, but for issuance of Ext.P12 notice dated 04-03-2009 issued by the Govt. informing the late Kuriachan as to the hearing scheduled on 02-04-2009. The fact remains that the appellant who was the writ petitioner in Ext.P11 took his last breath on 09- 10-2009 as contended by the petitioner herein. However, the final order was passed by the first respondent/ State in the appeal only on 16-11-2009 (as referred to at serial No.2 of Ext.P13) and it was pursuant to this, that the amount to the extent as modified in the appeal restricting the same only in respect of the royalty, was sought to be realised from the legal heirs of the deceased Kuriachan. 5. From the above, it is evident that the Appellate order was passed by the first respondent only on 16-11-2009 ie, much after the death of the appellant, without bringing the legal heirs in the party array. For this reason alone, the impugned order has to go. Accordingly, the impugned proceedings are set aside and the first respondent is directed to pass fresh orders in the appeal preferred by the late Kuriachan after issuing notice to all the legal heirs of the late Kuriachan, whose names have been shown in Ext.P13. The proceedings shall be finalised as above in accordance with law, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. Writ Petition is disposed of. Vdv P.R.RAMACHANDRA MENON, JUDGE