(2016) 4 ILR(Kerala) 573 : (2016) 4 KLT 167

KERALA HIGH COURT

SINGLE BENCH

( Before : Mr. K. Abraham Mathew, J. )

GEORGE — Appellant

Vs.

VINCENT — Respondent

Unnumbered R.P. of 2016 in O.P.(C) No. 508 of 2016

Decided on : 05-09-2016

  • Constitution of India, 1950 — Article 227
  • Kerala Court Fees and Suits Valuation Act, 1959 — Article 11(t), 5

    Payment of court fees — The petitioner filed a petition to review the judgment in O.P. under Article 227 of the Constitution. He paid Rs. 10/- as court fees. The Registry has refused to number the proceedings on the ground that the court fees payable is Rs. 50 — Article 11 (t) in Schedule II applies when there is no specific provision for payment of court fees on a petition. In the absence of any specific provision for payment of court fees on petitions filed to review judgments in Original Petitions filed under Article 227 of the Constitution Article 11 (t) in Schedule II alone will apply. The court fees payable is only Rs. 10

    Counsel for Appearing Parties

    K.G. Balasubramanian, Advocate, for the Petitioner

    ORDER

    Mr. K. Abraham Mathew, J.—What is the court fees payable on the petition filed to review the judgment in an Original Petition filed under Article 227 of the Constitution? The petitioner filed a petition to review the judgment in O.P. No. 508 of 2016 under Article 227 of the Constitution. He paid Rs. 10/- as court fees. The Registry has refused to number the proceedings on the ground that the court fees payable is Rs. 50/-.

    2. The Registry would say that a Review Petition is chargeable under Article 5 in Schedule I of the Kerala Court Fees and Suits Valuation Act. But the learned counsel Sri. K.G. Balasubramanian submits that it is governed by Article 11 (t) in Schedule II of the Act.

    3. Both articles are extracted below:

    Article 5 in Schedule I:

    Application for review of judgment

    One-half of the fee payable on the plaint or memorandum of appeal comprising the relief sought in the application for review

    Article 11 (t) in Schedule II:

    Application or petition presented to the High Court and not otherwise specifically provided for.

    Ten rupees

    Article 5 in Schedule I provides that the court fees payable is one half of the fee payable on the plaint or the memorandum of appeal, which prima facie, indicates that it governs only applications to review judgments in suits and appeals.

    4. Unless the term plaint is interpreted to include Original Petition also it cannot be held that Article 5 governs Original Petitions also. It is well settled that in case of doubt a provision in a fiscal statute should be interpreted in favour of the citizen. The Kerala Court Fees and Suits Valuation Act does not declare that plaint includes Original Petition also. There is nothing in the Act to show that for its purpose the word plaint can be interpreted to mean Original Petition also. Original Petitions have been separately dealt with in the Schedules. So it is very difficult to hold that Article 5 in Schedule I governs petitions filed to review judgments passed in Original Petitions filed under Article 227 of the Constitution.

    5. Article 11 (t) in Schedule II applies when there is no specific provision for payment of court fees on a petition. In the absence of any specific provision for payment of court fees on petitions filed to review judgments in Original Petitions filed under Article 227 of the Constitution Article 11 (t) in Schedule II alone will apply. The court fees payable is only Rs. 10/-.

    6. The objection of the Registry is overruled and it is directed to number the proceedings.