C. Aiyyappan vs State Of Kerala on 22 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1202 of 2007(R)


1. C. AIYYAPPAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE REGISTRAR,

                For Petitioner  :SRI.G.PRABHAKARAN

                For Respondent  :SRI.B.S.KRISHNAN(SR.),SC,SANSKRIT UTY.

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :22/01/2007

 O R D E R
                      C.N.RAMACHANDRAN NAIR, J.

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                          W.P.(C)NO.1202 OF 2007

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                Dated this the 22nd day of January 2007


                                     JUDGMENT

Writ petition is filed by the petitioner who is an advocate

for direction to the Srisankara University, Kalady to pay the fees

for land acquisition case conducted by him for the University.

Standing Counsel for University submitted that Government

counsel was representing University and therefore fees if any

payable to the petitioner should be paid by the Government.

Government is always represented by Government Pleader

whether it be in the High Court or in the district court and

lawyer’s fee is regulated by terms of appointment. If lawyer is

appointed by the University being beneficiary to oppose claim for

enhancement of compensation, fee for such lawyer is payable by

the University. If more than one lawyer defended the University,

then applicable rate of fee is to be shared between them or

among such lawyers. Since details of judgment and awards will

disclose nature and role of the parties represented by each and

every lawyer, I dispose of the writ petition directing the Law

Secretary to call for records including payments and decrees and

W.P.(C)NO.1202 OF 2007

2

order payment of eligible fees to petitioner and other lawyers in

terms of their engagement and in terms of the observation. The

University and District Collector will furnish required

information to the Law Secretary. Petitioner can also submit

records available with them to the Law Secretary who is directed

to take a decision and communicate the same to the petitioner

and other parties within two months from the date of production

of a copy of this judgment. Petitioner can produce all documents

and awards to substantiate his claim. Government and

University will pay fees as decided by Law Secretary to

Government.

Writ petition is disposed of as above.

C.N.RAMACHANDRAN NAIR, JUDGE

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