PALAKKAD MUNICIPALITY Vs. ABDUL MUTHALIF

JUDGEMENT

(1.) Is a Municipality exempted from paying court fee under the Kerala Court Fees and Suits Valuation Act, 1959

(2.) Respondent obtained a decree for money against the appellant Municipality. The appeal is filed without paying court fee. The Court Fee Examiner noted the appeal as defective. The appellant took the stand that the municipality is a local self government institution entitled to the benefit of Section 73A of the Kerala Court Fees and Suits Valuation Act, 1959, hereinafter referred to as the "C.F. Act" and hence no court fee is chargeable on the appeal. The Registry notices that no autonomous body/statutory body or even the Central Government is exempted from payment of court fee even in terms of Section 73A. It made reference to the decisions in this regard in Project Officer v. Smitha, 2003 1 KerLT 587 and Kerala Water Authority v. Valsan, 2003 1 KerLT 971 relating to Kerala Water Authority, Chief Project Manager v. Aji Kurian, 2003 3 KerLT 56 relating to central Government. The file is accordingly placed for determination of that issue.

(3.) The learned senior counsel appearing for the appellant-municipality argued that in terms of Section 73-A of the C.F. Act, the word "Government" should be understood to include a Municipality in the light of Article 243Q of the Constitution and the judgment of the Apex Court in Cantonment Board, Secunderabad v. G. Venketram Reddy, 1995 4 SCC 561, Viswanatha Pillai v. State of Kerala,1997 1 KerLT 334 and Unnikrishnan v. Paravur Municipality,2008 2 KerLT 711.