IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 OP.No. 18685 of 2001(Y) ----------------------- PETITIONER(S): --------------- THOMAS VARGHESE, THACHETHU HOUSE, PAZHAMTHOTTAM P.O., AIKARANADU, NORTH VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURM. 2. THE SUPERINTENDING ENGINEER, P.W.D. CENTRAL CIRCLE, ALUVA. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, ALUVA. GOVERNMENT PLEADER SRI. MATHEW VADAKKEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 30085 OF 2001 IN OP 18685 OF 2001 DISMISSED 6.8.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE NO. Rq 2310/01/COURT FEE DATED 30.5.2001 BEFORE THE HIGH COURT. EXT.P2 TRUE COPY OF THE NOTICE NO. Rq. 2310/01/COURT FEE DATED 30.5.2001 SIGNED BY THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF THE REPLY NOTICE DATED 20.6.2001 TO THE THIRD RESPONDENT FROM THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 18685 OF 2001 -------------------------------------------- Dated this the 6th day of August, 2009 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears of court fee which is above Rs. 50,000/-. Petitioner filed a suit as an indigent person, but the suit was dismissed by the Sub Court which ordered recovery of court fee from the petitioner under orders issued in terms of Order XXXIII, Rule 11 of the CPC. Petitioner's case is that suit is not decreed and as he has already been found to be an indigent person by the Sub Court, he is not liable to pay court fee. Government Pleader submitted that ordering recovery of court fee is discretionary power of the Court and the very same Court which admitted the suit as pauper suit ordered recovery against the petitioner. In any case since petitioner has filed appeal and the same is pending in this Court as CMC 25 of 2001, I dispose of the O.P. directing the respondents to withhold all revenue recovery proceedings for recovery of arrears of court fee till disposal of the appeal by this Court and thereafter recovery will be continued, if the appellate court does not interdict recovery. (C.N. RAMACHANDRAN NAIR) Judge kk 2