M.K. JOSE Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner seeks a declaration that the one per cent additional court fee payable under Sec. 76 of the Court Fees and Suits Valuation Act ('the Act' for short) is leviable only in the manner provided for under Sec. 4A of the Act.

(2.) Sec. 76 of the Act providing for constitution of the Legal Benefit Fund had been amended by virtue of the provisions contained in the Kerala Finance Bill, 2016. As per the amended Sec. 76, the Government is competent to levy an additional court fee, by notification in the Gazette, in respect of suits, at a rate not exceeding one per cent of the amount involved in the dispute in cases where it is capable of valuation and in other cases at a rate not exceeding one hundred rupees for each original suit. In exercise of the power conferred by the amended Sec. 76 of the Act, Ext.P1 notification was issued by which the Government have authorised levy by the civil courts an additional court fee in respect of each original suit at the rate of one per cent of the amount involved in the dispute in cases where it is capable of valuation and in other cases at a rate not exceeding one hundred rupees for each original suit. The case of the petitioner is that he intends to file a suit before the Sub Court, Thalassery for realisation of certain amounts allegedly due from the Government and since the civil courts are insisting payment of the additional court fee provided for under Sec. 76 of the Act in lump sum, as a practise, he is constrained to pay large amounts by way of court fee at the time of institution of the suit itself. According to the petitioner, in the light of the provisions contained in Sec. 4A of the Act, only one tenth of the additional court fee payable under Sec. 76 can be levied at the time of institution of the suit and the balance can be levied only as provided for under the said Section. It is specifically pleaded by the petitioner in the writ petition that on account of the aforesaid practise, he is required to pay a sum of Rs. 4,51,225.00 towards additional court fee payable under Sec. 76 of the Act, at the time of institution of the proposed suit itself.

(3.) Heard the learned counsel for the petitioner as also the learned Government Pleader.