MURALIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition has been posted before me for the reason that a doubt is entertained by the Registry as to whether the direction issued by me for the refund of full court fee paid in this case, while permitting the petitioners to withdraw this Writ Petition, is not liable to be modified in view of Section 69 of the Kerala Court Fees and Suits Valuation Act, 1959.

(2.) This Writ Petition was filed by 63 petitioners claiming various reliefs due to former abkari workers who had lost their employment consequent to the ban on the sale of arrack in the State. Though the Writ Petition was filed after paying an amount of Rs. 6,300/- as court fees, the same was not admitted or taken on file. While so, a request was made by the counsel for the petitioner for permission to withdraw the Writ Petition reserving the liberty of the petitioners to approach this Court again on the same cause of action. It had been represented by the counsel for the petitioners that the Writ Petition suffered from some formal defects. Since the Writ Petition had not even been admitted, the same was permitted to be withdrawn and a direction was also issued for refund of the full court fee that was paid, to the counsel for the petitioners.

(3.) Later on, the Registry expressed a doubt as to whether refund of the full court fee that was paid was permissible in view of Section 69 of the Court Fees Act. Therefore, this case has been posted before me, again.