Kerala High Court
The Commander, Indian Coast Guard ... vs A.Ali Akbar on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Thursday, the 12th day of January 2023 / 22nd Pousha, 1944
LA.APP. NO. 616 OF 2022(FILING NO.)
(Against the Judgment and Decree passed by the Additional Sub Court, N. Paravoor
in L.A.R No.4/2011 dated 30.09.2019)
APPELLANTS/RESPONDENTS 2 AND 3 IN LAR NO. 4/2011:
1. THE COMMANDER, INDIAN COAST GUARD (RA), COAST GUARD AIR ENCLAVE,
KOCHI, C/O INS GARUDA, NAVAL BASE, KOCHI - 682004, PRESENT ADDRESS
DHQ-4, KOCHI - 682001
2. DEFENCE ESTATE OFFICE, ALAPPAT CROSS ROAD, RAVIPURAM, KOCHI -
682015, PRESENT ADDRESS JRWA/L- 2/9, SREE KOUSTHUBHAM, JUSTICE LANE,
JANATHA ROAD, VYTTILA, KOCHI - 682019.REPRESENTED BY DEFENCE ESTATE
OFFICER.
BY ADV SHRI.M.N.MANMADAN, CGC
RESPONDENTS/CLAIMANT AND FIRST RESPONDENT IN LAR NO. 4/2011:
1. A.ALI AKBAR, S/O KUNJU MOIDEEN, PALLATHUKADAVIL HOUSE, THURAVUMKARA,
KOCHI - 682575.
2. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE,
ERNAKULAM - 682030
This unnumbered Land acquisition appeal (filing No.616/2022) having
come up for orders on 12.01.2023, the court on the same day passed the
following:
(P.T.O)
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
----------------------------------------------
LA.App. (Filing) No.616 of 2022,
LA.App. (Filing) No.598 of 2022
&
R.P.(Filing) No.1053 of 2022
----------------------------------------------
Dated this the 12th day of January, 2023
O R D E R
A.Muhamed Mustaque, J.
These appeals and the review petition are
filed on behalf of the Union Government as
unnumbered raised a question as to the fee
leviable in a land acquisition matter. They are
the requisition authority. Registry noted
defects as they did not pay the court fees.
Registry placed the judgment of this Court in
Chief Project Manager v. Aji Kurian [2003 (3) KLT
56] wherein this Court held that the exemption
available to the Government under Section 73A of
the Kerala Court Fees and Suits Valuation Act,
1959 (for short, the 'Act') is not available to
the Central Government. The above judgment was
LA.App. (Filing) No.616/2022
in the context of an appeal arising from the
suit. In normal circumstances, the appeal will
have to be valued in accordance with the
valuation in the suit. Section 73A of the Act
only refers to the Government. We are also of the
view that the Government referred in Section 73A
of the Act is a State Government and not the
Central Government.
2. However, these appeals and review petition
are arising from the land acquisition reference
where no court fee is payable at the first
instance. The statutory provision under Section
51 of the Act provides the levy of court fees in
such matters. Section 51 of the Act reads thus:
"Fee on memorandum of appeal against
order relating to compensation: The fee
payable under this Act on a memorandum of
appeal against an order relating to
compensation under any Act for the time
being in force for the acquisition of
property for public purposes shall be
LA.App. (Filing) No.616/2022
computed on the difference between the
amount awarded and the amount claimed by
the appellant."
3. There is no other provision under the Act
casting obligation on requisition authority to
pay the court fee. As seen from Section 51 of
the Act it only refers to the payment of court
fees by a claimant. The question, therefore, is
whether the requisition authority is liable to
pay the court fee which includes the Union
Government. It is to be noted that the land
acquisition proceedings are initiated by the
State. The requisition authority is only stepping
into the shoes of the State and cannot have a
distinct or independent claim.
4. In view of the fact that no separate
provision is made for payment of court fees by
the requisition authority, we are of the view
that no court fee is payable by the requisition
LA.App. (Filing) No.616/2022
authority on the memorandum of appeal filed by
such requisition authority. We overrule the
objection and direct the registry to number the
appeals and review petition filed by the Union
Government.
Post on 19.1.2023 along with connected cases.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
ln
12-01-2023 /True Copy/ Assistant Registrar
