Kerala High Court
T.K.Ananda Padmanabhan vs District Collector on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
W.P.(C) NO.42087 OF 2018
PETITIONER:
T.K.ANANDA PADMANABHAN,
AGED 46 YEARS, S/O.SRI.T.P.KRISHNAN,
SARANAGATHI,T.C.37/1070, WEST STREET,
FORT P.O., THIRUVANANTHAPURAM-695 023.
BY ADVS.
M.BALAGOVINDAN
SMT.RIYA RAJI
RESPONDENTS:
1 DISTRICT COLLECTOR,
OFFICE OF THE COLLECTORATE, CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043.
2 A.K.SHERRY, ** (DELETED)
SUB INSPECTOR OF POLICE, SPECIAL BRANCH, KOLLAM CITY
RESIDING AT PANGOTTU BUNGLAW ANCHAL P.O., KOLLAM-691306.
** THE NAME OF 2ND RESPONDENT DELETED AS PER ORDER DATED
22-10-2021 IN I.A.NO.1/2021.
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.42087 OF 2018
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P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.42087 of 2018
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Dated this the 5th day of November, 2021
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JUDGMENT
The above writ petition is filed under Article 226 of the
Constitution with the following prayers:
"a) Call for the records, leading to the passing of
Exhibit-P3 and Exhibit-P4 and quash the same to extend
in respect of the deduction of 7% of the Court Fee by
invoking a writ of certiorari or other appropriate writ
direction or order.
b) Issue a Writ of Mandamus or other appropriate writ
direction or order directing the 1 st respondent to repay
the entire Court Fee to the petitioner which he is entitled
under Section 69A of the Kerala Court Fee and Suit
Valuation Act.
c) Such other reliefs that may deem fit and proper during
the pending of the period."
2. The grievance of the petitioner is that the entire Court
Fee is not refunded to the petitioner and 7% is deducted even
though the suit was settled in mediation.
3. When this writ petition came up for consideration, this
Court directed the registry to get a report from the Principal Sub
W.P.(C) NO.42087 OF 2018
Judge, Thiruvananthapuram to find out whether there is any
judicial order passed by the lower court in connection with the
refund of court fee. The impugned orders in this case are Exts.P3
and P4. Exts.P3 and P4 are only the intimation of refund and the
certificate issued by a learned Principal Sub Judge. The learned
Principal Sub Judge, Thiruvananthapuram forwarded a report and
the contents in it are extracted herein:
"The Hon'ble High Court was pleased to call for a report
from this Court about the contention of the petitioner in
the Writ Petition mentioned above that there is a judicial
order passed by the Sub Judge in connection with the
return of court fee. The Hon'ble High Court was pleased
to further direct that if there is such a judicial order, that
order also should be forwarded along with the report. The
following facts as ascertained from the records in this
Court are submitted for the esteemed consideration of
the Hon'ble High Court.
O.S.243/2004 was a suit filed for damages to the tune of
Rs.1,00,00,000/-. The plaintiff remitted the entire court
fee payable. After payment of court fee by the plaintiff,
the matter was settled at mediation. The judgment
passed in the suit is as follows: "Settled at mediation,
Mediation report is filed, Refund court fee as per rules".
Subsequently the plaintiff filed I.A.974/18 for refund of
court fee. The application was placed before the officer
W.P.(C) NO.42087 OF 2018
with submission for orders. The presiding officer ordered
on 10.04.2018 to issue refund bill for Rs.8,18,400/-. The
order directed payment of the entire court fee remitted
by the plaintiff. Refund certificate was prepared for the
sum of Rs.7,61,112/- after deducting 7% commission, as
per Sec.81(3) of the Kerala Court Fees and Suits
Valuation Act. Refund certificate dated 21.05.2018 was
issued in the name of the plaintiff for the sum of
Rs.7,61,112/-. The certificate was issued to the plaintiff
on 11.06.2018.
The order passed by the presiding officer in I.A.974/2018
was not type written since nobody had so far applied for
the same. On receipt of the official memorandum of the
Hon'ble High Court, certified copy of the order is prepared
and it is appended to this report. The above details are
submitted for the kind consideration of the Ho'ble High
Court. Further directions if any, in this regard may kindly
be issued.
Submitting the report for kind consideration."
From the above, it is clear that the refund is ordered as per
the order dated 10.04.2018 in I.A.No.974 of 2018 in O.S.No.243
of 2014 on the file of the Principal Sub Judge,
Thiruvananthapuram. If the petitioner is aggrieved by the same,
he has to challenge the same in accordance to law. This Court
while entertaining a writ petition under Article 226 cannot
W.P.(C) NO.42087 OF 2018
interfere with the above order. Therefore, this writ petition is
dismissed with liberty to the petitioner to challenge the judicial
order passed by the court below, if he is advised so.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bpr
W.P.(C) NO.42087 OF 2018
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.243/2014
ISSUED BY THE SUB COURT,
THIRUVANANTHAPURAM DATED 20.03.2018.
EXHIBIT P2 TRUE COPY OF THE APPLICATION
C.F.NO.2802/2018 IN O.S.243/2014 DATED
26.3.2018.
EXHIBIT P3 TRUE COPY OF THE INTIMATION DATED
21.05.2018.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE LEARNED SUB JUDGE DATED 21.05.2018.
