DISCHARGED SERVICEMENS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) Questioning legality of requirement to pay court fee of Rs. 100/- for filing of writ appeals, Original Petition has been filed. Petitioners in the Original Petition are appellants in writ appeal and since requisite court fees have not been paid, a defect was pointed out. In the Original Petition, it has been urged that when no fee is required to be paid for filing an Original Petition, there is no logic for demanding court fee for writ appeal. It is stated that such provision is ultra vires and is an unreasonable restriction on the right to prefer an appeal.

(2.) At this juncture, a journey over the legislative history relating to payment of court fees in State of Kerala would be appropriate. Kerala Court Fees and Suits Valuation Act, 1959 (in short 'the Act') came into force with effect from 1.2.1962. S.52 deals with 'appeals Said provision reads as follows:

(3.) Learned Advocate General appearing for State submitted that a writ of mandamus cannot be issued to direct omission of an entry relating to writ appeals. It is a policy decision of State and there is no scope for any interference in a writ application. Additionally, reasonable conditions can be imposed for entertaining an appeal. Therefore, stand that right is impaired is without any substance. Furthermore, amount fixed is not high, as contended.