K.J. PHILIP Vs. STATE OF KERALA

JUDGEMENT

(1.) Exts.P7 and P8 orders are under challenge in this writ petition on the ground that those orders were passed after the demise of the petitioner's father and therefore, those orders cannot have any force in law.

(2.) Petitioner's father Joseph died on 30.07.2013. 3.88 acres of properties covered by Ext.P3 proceedings and which was in possession of late Joseph was notified under the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act, 2003 ('EFL Act' for short). Late Joseph had preferred an application under Section 10 A of the EFL Act for exemption of the 3.88 acres of land covered by Ext.P3 from the notification, submitting Ext.P6 application which was disposed of, as per Ext.P7 order dated 29.11.2013, subsequent to the death of the petitioner's father. Petitioner alleges that the decision of the Government under Section 10(A)(4) of the EFL Act is a nullity, as the said decision was taken against a dead person. It is also pointed out that even the report of the Claim Dispute Redressal Committee based on which Ext.P7 decision was taken, was submitted only on 29.10.2013, which also was after the death of petitioner's father. Petitioner therefore seeks to set aside Ext.P7 order and for a direction to reconsider the application after a fresh adjudication on Ext.P6 application after affording an opportunity of hearing to petitioner.

(3.) The respondents have filed a counter affidavit stating that the property which is the subject matter of the case was already notified as Ecological Fragile Land as per Ann.R3(a) notification dated 20.10.2010. The application submitted by the petitioner's father under Section 10(A) of the Act before the Custodian of EFL, Thiruvananthapuram was rejected by Government as per Ann.R3(b) order dated 29.11.2013. It is stated that Government passed the order in accordance with the provisions contained in Section 10(A) of the Act.