BAPPULASHA Vs. SPECIAL TAHSILDAR ADI-DRAVIDAR WELFARE DEPARTMENT

JUDGEMENT

(1.) The present civil revision petition is filed against the order passed in I.A.No.43 of 2011 in CMA No.7 of 2005 on the file of the Principal Subordinate Judge, Tindivanam. The petitioners filed the above petition for refund of court fee under Sec. 70 of the Court Fees and Suits Valuation Act.

(2.) The case of the revision petitioners is that the father of the petitioners 1 to 3 and 5 and 6 and the husband of the 4th petitioner namely D.Heerchand filed an appeal against the acquisition of his land under Act 31/1978. Their further contention is that Mr.D.Heerchand was under the wrong impression that the land was acquired by the respondent under Act 31 /1978 and that the petitioners subsequently came to know that the lands were acquired only under Adidravidar Welfare Scheme. He therefore, prayed for refund of court fees.

(3.) The respondent, the Special Tahsildar, Adi-dravidar Welfare Scheme, Tindivanam filed a counter affidavit contending that the averments of the petitioners that Mr.D.Heerachand, original petitioner, by mistake, filed an appeal on the impression that his lands were acquired under Act 31/1978 is false. His further contention is that the petitioners cannot plead ignorance since they filed two writ petitions before the High Court in W.P.No.567/1991 and W.P.No.568/1991, which were dismissed. He therefore prayed for dismissal of the petition.