IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7900 of 2008(M) ------------------------------------- OS.109/2005 OF II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------------- PADMAKSHI, WIDOW OF LATE PALAYYAN, KANIYAMPARA PUTHEN VEEDU, CHOWALLOOR DESOM, VILAPPIL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.V.SURESH, SRI.G.SUDHEER. RESPONDENT: ---------------------- CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDING, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7900 OF 2008 = = = = = = = = = = = = = = = Dated this the 7th day of March, 2008. J U D G M E N T This writ petition is preferred to quash Exts.P5 and P6 orders. The brief facts necessary are as follows. The plaintiff filed a suit against the Corporation for damages. She paid 1/10th of the Court fee. Thereafter she moved an application under Order 33 to permit her to sue as an indigent person. The Court without considering that application rejected the plaint on the ground that the balance Court fee is not paid. When an application was filed to refund the same it was also dismissed. It is aggrieved by that decision the present writ petition is preferred. There is some force in the grievance of the writ petitioner. There is no legal bar for any person to move an application under Order 33 of the Code of Civil Procedure even after paying 1/10th of the Court fee if he is able to establish that she is unable to pay the balance Court fee. The Court is expected to conduct an enquiry as W.P.C 7900 OF 2008 -:2:- contemplated under Order 33 of CPC and render a finding on the same. When such a petition is filed it is always not proper to reject the plaint on the ground of non-payment of Court fee. Therefore the Court below has committed a serious illegality. Therefore I direct the Court below to reconsider I.A.Nos.795 and 796/07 in O.S.109/05 afresh after hearing both sides in accordance with law. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-