Chandran Pillai vs State of Kerala

Pius C. Kuriakose, J.—This Review Petition is filed by the claimant seeking review of our judgment in an appeal preferred by the Government. The valuation of the appeal was Rs. 16,51,699/-. The review petitioner/claimant has not remitted any court fee on the Review Petition, invoking S. 73A of the Kerala Court Fees And Suits Valuation Act & Rules. We have heard the submissions of the learned counsel for the appellant/review petitioner and those of learned Government Pleader Smt. Rose Michael.

The learned counsel for the review petitioner submitted that under S. 73A there is a special pro vision regarding the suits, appeals, revisions etc., filed by or on behalf of the Government before the Court and as per that provision no court fee is chargeable in respect of such suit, appeal, or revision or review or other pleadings or documents under the provisions of the Court Fees Act. According to the review petitioner, as the Review Petition arises out of such an appeal, no court fee is payable on the Review Petition also.

Smt. Rose Michael learned Government Pleader submitted that S. 73A is a special provision applicable to suits, appeals, revisions, review petition, etc., filed on behalf of the Government. It is not applicable to the Review Petition which is filed by a private party. In this connection, our attention was drawn to Art. 5 of Schedule I of the Kerala Court Fees and Suits Valuation Act In reply, the learned counsel for the review petitioner submitted that as no court fee is payable on the memorandum of appeal, court fee is not payable on the Review Petition also. We have given our anxious consideration to the rival submissions addressed at the Bar. According to us, S. 73A cannot have any application to the present case where the petitioner is not the Government. Art. 5 of Schedule I of the Kerala Court Fees and Suits Valuation Act 1959 is extracted below:

Valuation of the relief sought for in the application for review is undoubtedly the relief which was sought for by the Government in its appeal i.e. Rs. 16,51,699/- or at least the value of the relief granted to the Government under our judgment. We are sure that objection raised by the Registry is sustainable. The review petitioner has to remit court fee in terms of Art. 5 of Schedule I of the Kerala Court Fees And Suits Valuation Act & Rules on the claim in the Review Petition, which is seen valued at Rs. 16,51,699/-. We grant to the review petitioner six weeks time from today for remitting the court fee.