GURUSANKAR Vs. SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE

JUDGEMENT

(1.) These matters have been referred to the Division-Bench in view of the two conflicting decisions rendered by two single Benches of this Court on the question of payment of court-fee in a memorandum of appeal filed under Section 9 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes' Act, 1978.

(2.) One of the Hon 'ble Judges (S. Nagamuthu, J.) in the case of Ramaih and others v. Special Tahsildar, Adi Dravidar Welfare, Cheranmadevi,2008 1 CTC 316, expressed the view that court-fee payable in an appeal under Section 9 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 shall be only under Article 3, Schedule II Of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 and not under Section 51 of the said Act.

(3.) Another Hon'ble Judge (R. Sudhakar, 'J.) in Gunasekar and others v. Special Tahsildar, Adi Dravidar Welfare,- Tirunelveli,2008 2 CTC 595, has expressed the view that the appropriate court-fee to be paid for filing an appeal under Section 9 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 against the order of determination of compensation shall be as provided under Section 51 of the Tamil Nadu Court Fees and Suits Valuation Act.