KERALA WATER AUTHORITY Vs. VALSAN

JUDGEMENT

(1.) The question to be decided in this order is whether the Kerala Water Authority can file an appeal without paying court fee. By the Kerala Court Fees and Suits Valuation (Amendment) Ordinance, 2002, (hereinafter referred to as the 'Ordinance') S.73A was inserted in the Kerala Court Fees and Suits Valuation Act, 1959, which reads as follows:

(2.) Under the above provision, the Government or its officers in their official capacity can file a suit, appeal, revision, review or other pleadings or documents without payment of fees as provided under the Act. According to the Water Authority, since it is a statutory corporation and formerly it was part of the Government itself, it is also entitled to the benefit. Admittedly, Water Authority is a State Government undertaking. It is an instrumentality of the State for the purpose of Art.12 of the Constitution of India. But it is not a Government as such. The Kerala Water Authority is constituted under S.3 of the Kerala Water Supply and Sewerage Act, 1986. S.4 deals with constitution of the authority. S.3 and 4 of the above Act read as follows:

(3.) Therefore, it can be seen that the appellant is an autonomous authority. Even though Chairman, Managing Director and other members are appointed by the Government, it is not 'Government' itself. It is an autonomous body with perpetual succession and a common seal like an incorporated Government Company. Restrictions and procedures to pass orders of Government under Art.166 or formalities for execution of Government Contract under Art.299 of the Constitution are not applicable to it. Even though it is an institution of State and Government has got deep and pervasive control, it is not Government Department. While considering the question with regard to a Government Company the Apex Court in Hindustan Steel Works Construction Ltd. v. State of Kerala ( 1997 (1) KLT 820 (SC)) held as follows: -