The determination of the amount by the competent authority under the Act 31 of 1978 is an award/order, and the appeal provided under Section 9 is a challenge to the award/order. The court fee is payable on the difference between the sum determined and the sum claimed in appeal, as per Section 51 of the Court Fees Act.

Judgment :-

All the Civil Revision Petitions relate to payment of court fee payable by owners of land or persons interested on filing an appeal under Section 9 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) (hereinafter called "the Act 31 of 1978") seeking enhancement of amount paid as compensation for the land acquired under the aforesaid Act.

2. C.R.P.(PD)No.1817 of 2007:- This revision petition has been filed by the owners or the persons interested who are aggrieved by the order and decretal order dated 13.9.2004 passed in Check Slip No.201/XXV/S in C.M.A.No.7 of 1999 on the file of the II Additional Subordinate Judge, Tirunelveli.

3. The lands situated in Meenammalpuram village, Palayamkottai Taluk, Tirunelveli District, owned by the revision petitioners were acquired by the Special Tahsildar Adi Dravidar Welfare for the purpose of providing passage to the burial ground to the Meenammalpuram village under Adi Dravidar Welfare Schemes. Award has been passed in Award No.11/98-99 dated 19.3.1999 fixing the value of the lands at Rs.25,769/- per Acre as on 9.1.1999. Not satisfied with the quantum of compensation, the owners/person interested filed appeal before the Principal Subordinate Judge, Tirunelvei in C.M.A.No.7 of 1999 in terms of Section 9 of the Act 31 of 1978. A fixed court fee of Rs.25.00 alone was paid under Article 3(1)(b) of Schedule II of Tamil Nadu Court Fees and Suit Valuation Act herein after referred to as the "Court Fee Act".

4. During the course of inspection, the Court Fee Examiner, High Court, on verifying the records, issued Check Slip No.201/XXV/S. According to Court Fee Examiner, the above payment of court fee of Rs.25/- under Article 3(1)(b) of Schedule II of the Act is not proper. According to the authority, Section 51 of the Tamil Nadu Court Fees and Suit Valuation Act alone will applicable and the revision petitioners have to pay a sum of Rs.1,353.50 towards Court Fees.

5. The revision petitioners/appellants filed their objection stating that the Special Tahsildar fixed the amount payable for the land acquired. If the land owner is not satisfied under the Act, he can make a request to refer the claim to the concerned Sub Court. In law it is a petition claiming enhanced amount. There is no difference between a reference made under the Land Acquisition Act, 1894 and the Acquisition of Land under Tamil Nadu Act 31 of 1978. But for administrative convenience the reference made under Land Acquisition Act 1894 is numbered as Original Petition and the reference made under the Tamil Nadu Act 31 of 1978 is numbered as Civil Miscellaneous Appeal. In effect both are references made by the Land Acquisition Officer upon the request of the land owner. Hence, Section 51 of the Court Fees Act is not applicable to the facts of this case. The Court fee paid already is correct.

6. The learned Subordinate Judge rejected the petitioners/ claimants plea and directed the revision petitioners/appellants to pay the deficit court fee on or before 20.9.2004, as per check slip, in default held that the appeal will be dismissed.

7. Against such order, the Civil Revision Petition No.1817 of 2007 is filed by the revision petitioners/land owners/person interested reiterating the contention made in the objection before the Subordinate Judge.

8. C.R.P.(NPD)No.35 of 2007:- The lands situated in Pachaimalaiyankottai village, Nilakottai Taluk, owned by the revision petitioner were acquired by the Special Tahsildar Adi Dravidar Welfare under Adi Dravidar Welfare Schemes, Act 31 of 1878. Award has been passed in Award No.8/97-98 dated 20.3.1998 fixing the value of the lands at Rs.24,626/- for 0.35.0 Ares and Rs.18,294/- for 0.26.0 Ares. Not satisfied with the quantum of compensation, the revision petitioner filed appeal before the Subordinate Judge, Dindigul in C.M.A.No.6 of 1998. A fixed court fee of Rs.1.00 alone was paid under Article 3 of Schedule II of Tamil Nadu Court Fees and Suit