IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 7354 of 2009(O) -------------------------------------- AGAINST THE ORDER DATED / / IN IA 4821/2009 IN OS.509/2007 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER(S): ------------------------ PETER, S/O.JOSEPH, KAKKANATTIL HOUSE, PERINGAZHA KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADVS. MR.JOSE JOSEPH MR.T.RAJESH RESPONDENT(S): ------------------------- 1. JOSEPH, S/O.PAILY, PUTHUPLEDATH (H), PERINAZHAKARA MARADY VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 2. SHERRY, S/O.PETER, KAKKANATTIL KAKANATTIL HOUSE, PERINGAZHA KARA, MARADY VILLAGE, ERNAKULAM DISTRICT. BY ADV. MR.BIJU ABRAHAM FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7354/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE O.S. NO.509/07 IN THE FILE OF MUNSIFF COURT, MUVATTUPUZHA. P2:- COPY OF THE I.A. 482/07 FILED BY THE PETITIONER. P3:- COPY OF THE ORDER IN IA. 482/09 IN OS. 509/07. P4:- COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS NIL. TRUE COPY P.S. TO JUDGE TSS S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.7354 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 2nd June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs: 1. To set aside Ext.P3 order of the learned Munsiff and direct the learned Munsiff to return the plaint to 1st respondent. 2. Allow Ext.P2 petition filed by the petitioner. 3. To issue such other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. Petitioner is the 2nd defendant in O.S.No.509/07 on the file of the Munsiff Court, Muvattupuzha. First respondent is the plaintiff in the suit and the second respondent is the 1st defendant, who is none other than the son of the petitioner herein. Suit was one for declaration and injunction, both perpetual and mandatory. In the suit, the plaintiff among other reliefs claimed a mandatory injunction in respect of the lateral support of 'C' schedule property which is stated to have been destroyed by the acts of the respondents. An advocate commissioner deputed by the court, after local inspection, assessed that a sum of Rs.One lakh was required for the purpose of restoring the lateral support of 'C' schedule property. Taking note of W.P.C.No.7354/09 - 2 - the expenses assessed by the Commissioner, the petitioner, 2nd defendant moved an application before the court contending the suit is not properly valued and it is beyond the pecuniary jurisdiction of the court. The learned Munsiff, after hearing both sides, dismissed the application vide Ext.P3 order. Challenging Ext.P3 order as improper and contending that it is unsustainable under law, the petitioner has filed this Writ Petition invoking the supervisory jurisdiction of this court. 2. I heard the learned counsel for the petitioner and also the first respondent-plaintiff in the suit. Having regard to the submissions made and also taking note of Ext.P3 order passed by the learned Munsiff, I find no merit in the challenges raised by the petitioner that the suit has not been properly valued and the court fee paid is insufficient. The learned Munsiff after meticulously considering the challenge raised passed Ext.P3 order, which is found to be proper, valid and correct. After all payment of court fee is a matter between the plaintiff and the Revenue and the defendant has no authoritative say as to the quantum of court fee to be paid. If at all, sufficient court fee is not paid in a suit, there are adequate provisions in the Court Fees Act enabling the recovery of the court fee even after W.P.C.No.7354/09 - 3 - passing of the decree in the suit. The Writ Petition is devoid of any merit, and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE