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2012 Supreme(Ker) 612

A.V.RAMAKRISHNA PILLAI, PIUS C.KURIAKOSE
N. K. Chandran Pillai – Appellant
Versus
State of Kerala, Represented by the District Collector, Pathanamthitta – Respondent


Advocates appeared:
For the Petitioner:M/s. Elizabeth Matthai Idiculla, Rachel Joseph, Mohan Idiculla Abraham, Martin D. Alumkara, Advocates.
For the Respondents: Rose Micheal, G.P.

JUDGMENT :

PIUS C. KURIKOSE, J.

1. This Review Petition is filed by the claimant seeking review of our judgment in an appeal preferred by the Government. The valuation of the appeal was Rs.16,51,699/-. The review petitioner/ claimant has not remitted any court fee on the review petition, invoking Section 73A of the Kerala Court Fees And Suits Valuation Act & Rules.

2. We have heard the submissions of the learned counsel for the appellant/review petitioner and those of learned Government Pleader Smt. Rose Michael.

3. The learned counsel for the review petitioner submitted that under Section 73A there is a special provision regarding the suits, appeals, revisions etc. filed by or on behalf of the Government before the Court and as per that provision no court fee is chargeable in respect of such suit, appeal, or revision, review of review or other pleadings or documents under the provisions of the Court Fees Act. According to the review petitioner, as the review petition arises out of such an appeal, no, court fee is payable on the review petition also.

4. Smt. Rose Michael learned Government Pleader submitted that Section 73A is a special provision applicable to suits, appeals, revis



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