IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 4136 of 2010(O) ------------------------- OS.285/2003 of SUB COURT, MAVELIKKARA .................... PETITIONER(S): ------------------------- SINDHU RAMACHANDRAN PILLAI, W/O.LATE RAMACHANDRAN PILLAI, NAYANA HOUSE, KADUVANKAL MURI, VALLIKUNNAM, MAVELIKKARA. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): -------------------------- 1. KHADI AND VILLAGE INDUSTRIES BOARD, REPRESENTED BY ITS PROJECT OFFICER, ALAPPUZHA. 2. TAHSILDAR, TALUK OFFICE, MAVELIKKARA. 3. MUHAMMED ANWAR, MADATHIL MANZIL, KADUVUMKAL, VALLIKUNNAM, VALLIKUNNAM.P.O, MAVELIKKARA. ADV.K.P.HARISH FOR RI, SC.KERALA KHADI BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.4136 of 2010 = = = = = = = = = = = = = = Dated this the 9 th day of February, 2010 JUDGMENT The writ petitioner, who is the plaintiff in O.S.No.285 of 2003 on the file of the Sub Court, Mavelikkara, challenges Ext.P6 order, as per which the plaintiffs have been directed to pay court fee under Section 40 of the Kerala Court Fees and Suits Valuation Act as against Section 28 of the said Act. The Court fee paid on the plaint was Rs.200/- by resort to Section 28 of the said Act. 2. The suit is admittedly for setting aside the auction sale conducted by the 10th defendant. The court below has found that the suit is not one filed between trustees or rival claimants to the office of trustee or between a trustee and a person, who has ceased to be trustee as provided under Section 28 of the Act. Hence, the finding of the court below that the suit ought to have been valued under Section 40 of the Court Fees and Suits Valuation Act, does not call for any interference by this Court. The petitioner/plaintiff shall value the suit under section 40 of the Kerala Court Fees and Suits Valuation Act and pay court fee accordingly. The petitioners are given one month's time from today to comply wit Ext.P6 order. This writ petition is disposed of accordingly. Dated this the 9th day of February, 2010. V. RAMKUMAR, JUDGE sj