IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 24259 of 2010(F) --------------------------------------- PETITIONER(S): ------------------------ 1. THANKAMMA, AGED 54 YEARS, W/O.DAMODARAN, THYKOOTTATHIL HOUSE, SOUTH PARAVOOR.P.O., ERNAKULAM. 2. SEENA, AGED 28 YEARS, D/O.DAMODARAN, THYKOOTTATHIL HOUSE, SOUTH PARAVOOR.P.O., ERNAKULAM. BY ADV. SRI.M.N.SANJITH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, COCHIN-30. 2. DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, COCHIN-682 011. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.24259/2010 APPENDIX PETITIONER'S EXHIBITS P1:- CERTIFIED COPY OF THE DECREE IN OS. 450/2006 ON THE FILE OF SUBORDINATE JUDGES COURT, ERNAKULAM DTD. 31.7.2009. P2:- COPY OF THE NOTICE BEARING NO.B8/2009/58817/7/KDIS DTD. 16.1.2010 ISSUED UNDER SECTION 7 OF THE R.R. ACT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.24259 OF 2010 ---------------------------------------------- Dated this the 2nd day of August, 2011 JUDGMENT The petitioners filed a suit as indigent persons against the State and others. That suit was decreed with costs by Ext.P1 decree, in which there was a direction to forward the judgment to the District Collector for realisation of the requisite court fee. Now the State has initiated revenue recovery proceedings for recovery of the court fee from the petitioners. According to the petitioners, in an indigent suit, as per Order XXXIII Rule 10 of Code of Civil Procedure, the court fee has to be paid as directed in the decree. The petitioners submit that since the suit was decreed with costs, the court fee has to be paid by the defendant especially when the defendant is the State, although the decree does not specifically state as to from whom the court fee has to be realised. 2. I have heard the learned Government Pleader also. It is now submitted before me that the State has challenged Ext.P1 decree in R.F.A.No.197/2010 before this Court. It is also W.P.(C)No.24259/10 2 submitted that the State has been directed to pay 50% of the decree amount to the petitioners as a condition for stay. I am of opinion that the court fee can be realised from the appropriate party, after the R.F.A is disposed of. In the above circumstances without prejudice to the right of the parties to seek appropriate directions regarding as to who should pay the court fee also, in the R.F.A., this writ petition is disposed of with a direction that further proceedings for recovery of the court fee from the petitioners shall be kept in abeyance till the R.F.A is disposed of by this Court. S. SIRI JAGAN, JUDGE acd W.P.(C)No.24259/10 3 W.P.(C)No.24259/10 4