IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 36907 of 2010(K) -------------------------- PETITIONER(S): --------------- LOVELY, AGED 35 YEARS, W/O.SAJU, NADAMKUZHY HOUSE, PULLUVAZHY KARA, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SMT.R.RAJASREE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. JOSE V.MATTOM @ OUSEPH, S/O.VARKEY, AGED 67 YEARS, MANNULLIL HOUSE, KUMALY VILLAGE, PEERUMEDU TALUK, PIN-685531. 3. KOCHUTHRESSIA @ THRESSIA, W/O.MANUEL, ALANGATTU MANAVALAN HOUSE, THRIKKANARVATTOM DESAM, ERNAKULAM VILLAGE KANAYANNUR TALUK, PIN-682011. 4. JOSHY, S/O.VARKEY, CHENGALATHUPARAMBIL, KUKALLI KARA, KUMALI VILLAGE, PEERUMEDU TALUK, PIN-685531. 5. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF LAW AND JUSTICE, NEW DELHI, PIN-110001. ADV. SHRI.GEORGE ZACHARIA, CGC FOR R-5 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.36907 OF 2010(K) -------------------------------------------------- Dated this the Ist day of February, 2011 J U D G M E N T Petitioner seeks a declaration that Section 40 of the Kerala Court Fees and Suit Valuation Act is inoperative, void, ultravires of the Constitution. Consequently petitioner also seeks a declaration that the petitioner is liable to pay court fee in respect of O.S.No.158/2009 as payable under Section 50 of the Act. 2. A statutory provision can be declared as unconstitutional provided it is beyond the legislative competence or violative of the constitutional provisions or the fundamental rights of a citizan. In this case none of such grounds are raised by the petitioner. Therefore, in my view, on the grounds raised, this court will not be justified in even admitting the writ petition. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :