IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 36390 of 2009(P) -------------------------- PETITIONER(S): --------------- RADHA KURUP,AGD 65 YEARS, W/O.NEELAKANTA KURUP,RESIDING AT 1-B,KALPAKA FORT PALACE APPARTMENTS,RAGHAVANPILLAI ROAD,EDAPPALLY. BY ADV. SRI.S.SUDHISH KUMAR SRI.JAISON JOSEPH(KOOTHATTUKULAM) RESPONDENT(S): --------------- THE VILLAGE OFFICER,EDAPPALLY VILLAGE, EDAPPALLY. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).36390/2009 ....................... Dated this the 18th day of December, 2009 JUDGMENT The petitioner, a senior citizen instituted O.S.No.574 of 2008 in the Court of the Subordinate Judge of Ernakulam. The said suit was settled out of court in the Lok Adalath held on 27.2.2009 and an award was passed in terms of the compromise arrived at between the parties. It is stated that the petitioner thereafter applied for refund of the court fee. Refund was ordered by the court below and the District Collector, Ernakulam was requested to refund the court fee as per letter dated 14.9.2009. The petitioner states that the District Collector thereafter passed Ext.P2 order dated 20.10.2009 directing refund of the sum of Rs.13652/- and communicated the said decision to her by Ext.P1 letter dated 3.11.2009. The petitioner thereafter approached the Village Officer, Edappally Village and submitted Ext.P3 representation requesting him to issue a certificate attesting her signature for the purpose of enabling her to obtain refund of the court fee. The Village Officer thereupon directed the petitioner to produce proof of having paid the W.P.(C).36390/09 2 building tax in respect of a building known as 'Kalpaka Fort Palace'. This writ petition was thereafter filed seeking a direction to the Village Officer, Edappally Village to issue a certificate attesting the petitioner's signature. The petitioner contends that the Village Officer has no jurisdiction or authority to direct her to produce proof of remittance of building tax for the purpose of attesting her signature. 2. When this writ petition came up for hearing on 16.12.2009, the learned Government Pleader was requested to get instructions. Today, when the writ petition came up for further hearing, the learned Government Pleader submitted that the Village Officer will, on the petitioner appearing before him with proof of her identity, attest her signature without insisting on production of a receipt evidencing payment of building tax. In the light of the said submission, I dispose of this writ petition with a direction to the Village Officer, Edappally Village to issue a certificate attesting the petitioner's signature for the purpose of enabling her to obtain refund of the court fee ordered by W.P.(C).36390/09 3 the District Collector in Ext.P2. Such a certificate shall be issued on the day the petitioner appears before the said officer with proof of her identity and a certified copy of this judgment. P.N.RAVINDRAN, Judge mrcs