IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 28663 of 2008(K) -------------------------- OS.521/2005 of PRINCIPAL MUNSIFF COURT-II P, KOZHIKODE .................... PETITIONER: --------------- ANUPAMA ELIZEBATH, D/O.P.V.JOHN, RESIDING AT PARATHARA HOUSE, ASOKA ROAD, KALOOR, COCHIN. BY ADV. SRI.V.V.SURENDRAN SRI.P.M.PADMANABHAN SRI.P.A.HARISH SRI.V.R.JAIKRISHNAN RESPONDENTS: --------------- 1. ACHAMMA JOHN, W/O.P.V.JOHN, RESIDING AT PAYYAPPILLI HOUSE, MEDICAL COLLEGE, CALICUT. 2. THE SENIOR DEPOT MANAGER, INDIAN OIL CORPORATION LTD., MARKETING DIVISION, FEROKE DEPOT, MANNARPADOM, FEROKE, KOZHIKODE. 3. THE MANAGER (HR), INDIAN OIL CORPORATION INDIAN OIL BHAVAN, 139, NUNGABAKAM HIGH ROAD, CHENNAI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 28663 of 2008 ========================== Dated this the 29th day of September, 2008. JUDGMENT The petitioner who is the 3rd defendant in O.S. No. 521 of 2005 instituted by the 1st respondent herein, challenges Ext.P7 order dated 19.08.2008 passed by the Principal Munsiff-II, Kozhikode in I.A. No. 2821 of 2008 as per which the petitioner wanted the question of court fee paid on the plaint to be decided as a preliminary issue. The suit is one for declaring that the plaintiff alone is entitled to the service benefits of her deceased husband late P.V. John as per the scheme for rehabilitation of the workman dying in harness in the service of the 1st defendant, Senior Depot Manager, Indian Oil Corporation Ltd., and for a perpetual injunction restraining defendants 1 and 2 from disbursing or releasing any amount payable as service benefits to the 3rd respondent herein under the scheme for rehabilitation of the family of the workman dying in harness. 2. The suit has been valued for the purpose of declaration and injunction at Rs.1000/- and court fee paid under Section 25 W.P.(C) NO. 28663/2008 : 2: (d) of the Kerala Court Fees and Suits Valuation Act, 1959 was Rs.20. As rightly observed by the court below, the plaintiff is not claiming the service benefits of her deceased husband. She is only claiming that she alone is the legally wedded wife of the deceased entitled to the service benefits and a declaration to that effect alone is prayed for. She is not claiming any amounts from any of the defendants as service benefits allegedly due to the plaintiff. The decision relied on by the learned counsel for the petitioner reported in Sreekumaran v. State of Kerala & ors. - 1996(2) KLT 21 was a case in which the revenue recovery proceedings were sought to be kept at bay by filing a suit for injunction. That decision cannot apply to a situation like the present one. I see no reason to interfere with the discretion passed by the learned Munsiff, sitting in the extra ordinary visitorial jurisdiction of this Court under Article 227 of the Constitution of India. This writ petition is accordingly dismissed. Dated this the 29th day of September, 2008. V. RAMKUMAR, JUDGE. W.P.(C) NO. 28663/2008 : 3: rv W.P.(C) NO. 28663/2008 : 4: