IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 8998 of 2005(U) ------------------------- PETITIONER: ------------ MAHESH, S/O. VELAYUDHAN, AGED 32 YEARS, PUTHUVALTHALATH HOUSE, AZHEEKKAL, PUTHUVYPU VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. GRI.P.L.DEVADAS SRI.LIFFY P. FRANCIS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANADU, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (R.R.) TALUK OFFICE, KOCHI. 4. VILLAGE OFFICER, PUTHUVYPU VILLAGE, PUTHUVYPU, ERNAKULAM DISTRICT. BY SMT.SMITHA, GOVERNMENT PLEADER FOR R1TO4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8998/2005 APPENDIX PETIITONER'S EXHIBITS P1 : COPY OF NOTICE NO.A6-2901/04 DATED 31/12/2004 ISSUED BY R3. P2 : COPY OF PLAINT O.S.NO.183/2000 DATED 20/05/2000 FILED BY PETITIONER BEFORE THE SUB COURT, KOCHI. P3 : COPY OF I.A. FILED BY PETITIONER DATED 10/10/2002 BEFORE THE HONOURABLE SUB COURT, KOCHI. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No.8998 of 2005 ------------------------------------ Dated, this the 23rd day of July, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of arrears of court fee amounting to Rs.47,125/- on the ground that the Munsiff Court permitted amendment of the plaint and consequently court fee was refixed as Rs.22,300/-. I do not know why petitioner did not produce copy of the decree before 3rd respondent for limiting recovery to the actual amount of court fee. In any case, petitioner is directed to remit Rs.22,300/-, the admitted amount, and then produce copy of the decree or proceedings determining court fee payable by the petitioner in the suit filed by him as an indigent person. If there is any dispute on the court fee, the Civil Court should decide the matter under Order 33 Rule 10 and give intimation to the petitioner and to the Recovery Recovery Authorities for recovery of further amount, if any due. Petitioner will pay the admitted amount i.e. Rs.22,300/-within one month from now and furnish details simultaneously before 3rd respondent. 3rd respondent will wait for another one month for confirmation about the balance court fee, if any payable, and if WP(C) No.8998/2005 -2- decree is produced reducing court fee to Rs.22,300/- recovery proceedings should be dropped and if any balance is due, the same can be recovered from petitioner. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg