ANDREW Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was the appellant in A. S. 69/1991 on the file of this Court. That appeal was filed by him as an indigent person. Court Fee payable on the memorandum of appeal was Rs. 12,62,680/ -. That appeal was dismissed by a Bench of this Court on 5-3-1991. A copy of the decree, marked in this case as Exhibit P2, was forwarded by this Court to the District Collector for realising the Court Fee due on the memorandum of appeal. Authorities under the Revenue Department have initiated steps under the Kerala Revenue Recovery Act hereinafter referred to as "the Act", for realising the Court Fee. Exhibit P4 notice under S. 7 of the Act was served on the petitioner. He challenges the action initiated by the authorities under the Act. In this Original Petition he interalia prays for the issuance of a writ of prohibition restraining respondents 2 and 3 from recovering any amount by way of Court Fee from him.

(2.) THE main argument advanced by the learned counsel representing the petitioner is that this Court had not directed the authorities to realise the Court Fee from him as contemplated by R. 11 of Order XXXIII of the Code of Civil Procedure. In the absence of such an order, it is contended that the revenue authorities have no power to initiate steps under the Act for recovering any amount by way of Court Fee on the memorandum of appeal.

(3.) R. 193 of Civil Rules of Practice directs the Court, which passed the decree, to forward a copy of the decree to the Collector of the District for realising the Court Fee. Whenever a suit instituted by an indigent person or an appeal filed by an indigent person is disposed of, the decree passed in the suit or the appeal, as the case may be, will have to be forwarded to the Collector. The Collector is then to initiate action under the Act for recovering the Court Fee.