IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25729 of 2008(K) ------------------------------------ OS.134/2007 of SUBORDINATE COURT,PARAVUR .................... PETITIONER : ---------------- K.K.JOSHI S/O. KUMARAN, KALISSERY HOUSE, KOTTUVALLI VILLAGE VALLUVALLI KARA, PARAVUR TALUK. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SMT.V.DEEPA RESPONDENT : ----------------- MARY W/O.ANTONY, CHOOLAKKAL, KOTTUVALLI VILLAGE VALLUVALLI KARA, PARAVUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.25729 of 2008 ------------------------------- Dated this the 26th August, 2008. J U D G M E N T Petitioner is the plaintiff and respondent the defendant in O.S.No.134 of 2007, on the file of Sub court, North Paravur. This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court to refer the suit to Lok Adalath. The case of the petitioner is that though evidence was partly recorded and the case was posted for settlement and parties submitted before the trial court to refer the suit to Lok Adalath, so that when the matter is settled, they could take advantage of the refund of the entire court fee, instead of half the refund of court fee, and learned Sub Judge is not prepared to refer the suit to Lok Adalath and hence necessary directions may be issued. 2. Learned senior counsel appearing for the petitioner was heard. W.P.(C) No.25729 of 2008 2 3. Learned senior counsel pointed out that apart from the provisions under the Legal Services Authorities Act, Central Court Fee Act was amended by inserting Section 16, which provides that where the Court refers the parties to the suit, to any one of the mode of settlement referred to in Section 89 of Code of Civil Procedure, plaintiff shall be entitled to a certificate from the court authorising him to receive back from the Collector the full amount of the fee paid in respect of the said plaint. Learned Senior counsel also pointed out that as decided by this Court in Vasudevan v. State of Kerala (2003 (3) KLT 993), parties are entitled to get full refund of court fee, when the matter is settled before the Lok Adalath and an award is passed. 4. Section 20 of Legal Services Authorities Act, 1987, provides cognizance of case by Lok Adalath. Under sub- section (1), where in any case referred to in clause (i) of sub- section (5) of Section 19, parties thereto agree, or one of the parties thereof makes an application to the court, for referring the case to the Lok Adalath for settlement and if such court is W.P.(C) No.25729 of 2008 3 prima facie satisfied that there are chances of such settlement, the court shall refer the case to Lok Adalath. Under Section 19 (5) of the Act, Lok Adalath shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of any case pending before or any matter which is falling within the jurisdiction of, and is not brought before any court for which the Lok Adalath is organised. 5. In view of the submission that plaintiff has made a submission before the trial court and defendant has also agreed for a reference, the writ petition is disposed directing Sub Court, North Paravur, to refer the suit to Lok Adalath, as provided under Section 20(1)(i)(a) of the Legal Services Authorities Act, if the plaintiff has made such a request and the defendant has reported no objection. M.SASIDHARAN NAMBIAR, JUDGE nj.