NARAYANAN RAGAVAN Vs. NOORDEEN

JUDGEMENT

(1.) A question of Court Fee has arisen in the matter. There are three appellants before us who were respondents 4 to 6 in the writ petition. In the writ petition, certain directions were given By the learned single Judge. This appeal is preferred by the three appellants. First appellant, who was the fourth respondent in the writ petition, claims that he had donated certain property to the SNDP Yogam, which is a charitable trust. Second appellant, who was the fifth respondent in the writ petition, is impleaded in his capacity as the. President of the SNDP Yogam, Branch No. 2034, kulappuram. Third respondent, who was the sixth respondent in the writ petition, is impleaded as the Secretary of the said Yogam.

(2.) IN the writ petition filed by two persons, their case was that the above said three appellants were unlawfully trespassing into the property for the purpose of the above said Trust, namely, for burial of dead bodies, in the subject-matter of the writ petition. Writ petitioners claimed that they had title to the property and that the appellants did not have any title to the property and, therefore, the writ petitioners should get police protection as against the appellants. The learned single judge gave directions granting police protection. It is against the said order that the present appeal has been preferred.

(3.) THE Court Fee payable in Writ Appeals is governed by r. 159 of the Rules made under the Kerala High Court Act, Rules & Practice. R. 159 (2), which is the relevant Rule, reads as follows: "159 (2):-More persons than one may join in one writ appeal as appellants in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons present separate writ appeals any common question of law of fact would arise provided that each person joining in such writ appeal shall pay the court-fee payable under Art. 3 (iii)A (2) (c) of Schedule II of the Kerala Court fees and Suits Valuation Act as if he had brought a separate Appeal. " A reading of the Rule, no doubt, shows that when more persons than one join in one appeal as appellants in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally, or in the alternative where, if such persons present separate writ appeals any common question of law of fact would arise provided then each person joining in such writ appeal shall pay the court-fee payable under Art. 3 (iii) A (2) (c) of Schedule ii of the Kerala Court Fees and Suits Valuation Act as if he had brought a separate appeal.