MAHASAKTHI MILLS LIMITED VALIYA NADUKKALAM NATTUKAL CHITTUR PALAKKAD REPRESENTED BY ITS MANAGING DIRECTOR T RAJKUMAR Vs. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) PETITIONER is mainly challenging the constitutional validity of Section 76 of the Kerala Court Fees and Suits Valuation Act, 1959 and Ext.P1 notification in this regard, as beyond legislative competence.

(2.) HEARD the learned Government Pleader as well.

(3.) AFTER hearing both sides, this Court finds that the challenge against the constitutional validity of the provision is not sustainable, in view of the ruling rendered by the Division Bench as reported in 2006 (1)KLT 989 ( cited supra). However, the petitioner will stand declared as eligible for the same benefit as extended to the appellant in W.A.No.1458/2009, vide Ext.P3 judgment.