High Court Kerala High Court

Nayanthara Mahadevan vs State Of Kerala on 20 December, 2006

Kerala High Court
Nayanthara Mahadevan vs State Of Kerala on 20 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8455 of 2004(F)


1. NAYANTHARA MAHADEVAN, W/O. MAHADEVAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE SPECIAL DEPUTY TAHSILDAR,

3. THE VILLAGE OFFICER, PALLIKKUNNU.

                For Petitioner  :SRI.V.RAMKUMAR NAMBIAR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.A.ABDUL GAFOOR

 Dated :20/12/2006

 O R D E R
                K.A.ABDUL GAFOOR, J.

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                    W.P.(C)No.8455 of 2004

           -------------------------

           Dated this the 20th day of December, 2006.



                           JUDGMENT

Abdul Gafoor, J.

The writ petitioner attempted a suit for

injunction, when the State Government sought to

recover an amount by attaching the movable

properties belonging to her. According to her, the

amount was due from her father, who was residing

with her and hence she was not disputing the liability.

She resisted recovery out of her properties. The right

of the defendants to recover the amount from her

properties is disputed. So she was only liable in terms

of the Clause (c) of Section 27 of the Kerala Court

Fees and Suit Valuation Act, 1959 {for short ‘the

Act’}, rather than the proviso to Section 27(c) of the

Act to pay the required court fees. The trial court did

not accept the contention and found that, as recovery

of money is disputed, the court fee payable shall be in

terms of the proviso to Section 27(c) of the Act.

W.P.(C)No.8455 of 2004

:: 2 ::

2. It is discerned from the impugned order

Ext.P3 that the said court had relied on the decision

in Kunharamu v. Kunhalankutty {2003(1)KLT

216}. There also the facts were almost similar.

There, when there were revenue dues from a son,

the Government proceeded against the property

jointly owned by the father and son, the father

instituted an injunction suit. Considering that fact

frame, it was found in the said decision that such suit

shall have to be valued in terms of the proviso to

Clause (c) of Section 27 of the Act. Necessarily, the

view taken by the court below in Ext.P3 cannot be

stated to be unjustified.

Hence, the writ petition fails, dismissed.

Sd/-

(K.A.ABDUL GAFOOR)

JUDGE

sk/

//true copy//

K.A.ABDUL GAFOOR, J.

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W.P.(C)No.8455 of 2004

JUDGMENT

20th December, 2006.

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