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2018 Supreme(Ker) 348

K.VINOD CHANDRAN, ASHOK MENON
Maradu Market Trader's Association – Appellant
Versus
State of Kerala, Rep. by the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners: M/s. Ashik K. Mohammed Ali, Sajna T. Ummer, Raima Ramesh V.
For the Respondent: Sri. Peeyus A.

ORDER :

ASHOK MENON, J.

1. Maradu Market Trader's Association is the petitioner and seek police protection against the alleged atrocities perpetrated by respondents 5 and 6 and their men causing obstruction to the loading and unloading work, hitherto done by the own workers of the traders.

2. The Association consists of 138 traders and protection is sought by the Association for and on behalf of all these traders named in Ext.P18.

3. The preliminary question that arose before us is whether the petitioner being an Association representing traders and seeking relief for 138 persons named in Ext.P18 should pay court fee as per Schedule II, Article 11(l)(iii) of the Kerala Court Fees and Suits Valuation Act, 1959 at the rate of Rs. 100/- per person?

4. The learned counsel for the petitioner argues that Schedule II Article 11(t) requires payment of court fees of Rs. 10/- alone and it does not insist payment per petitioner. He relies on the decision in Somanathan vs. State of Kerala, 2003 (3) KLT 1148 in support of his argument.

5. In the case of Kerala Electric Trades Association, Kochi vs. State of Kerala, 2010 (1) KHC 248, the writ petition filed by three members of an Association on paymen







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