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2003 Supreme(Ker) 477

K.S.RADHAKRISHNAN, PIUS C.KURIAKOSE
Somanathan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. These two unnumbered Writ Petitions are placed before us on a reference made by K. Balakrishnan Nair, J. to determine the amount of court fee to be paid when more than one petitioner join together and file a single petition. G. Somarajan and 7 others filed a Writ Petition on 26.5.2003 before this court under Art. 226 of the Constitution of India remitting a court fee of Rs. 800/-. A separate direction petition was also filed by them along with the Writ Petition by paying a court fee of Rs. 50/-. Registry pointed out the deficiency of the court fee. Counsel insisted that separate court fee be not levied from each of petitioners for the direction petition. The Registry then made the following note:

"In the direction petition there are 8 petitioners, but only one court fee is paid. CF payable is Rs. 50/- per petitioner".

Incidental is the issue which arises for consideration in the Writ Petition filed by Varghese Joseph and 5 others. On a request made by the counsel matter was placed before the court and was heard by K. Balakrishnan Nair, J. Counsel brought to the knowledge of the learned judge the noting by the Registry and the ruling made by P.R. Raman, J. in another ca





















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