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2025 Supreme(Online)(Ker) 39249

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
BABU VADAKKEDAM – Appellant
Versus
STATE REPRESENTED BY THE DISTRICT COLLECTOR – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Nirmal V. Nair
For the Respondents: Smt.Rekha C.Nair, SR.GOVERNMENT PLEADER

Table of Content
1. indigent person’s petition details. (Para 1 , 2)
2. arguments regarding the legality of dismissal. (Para 4 , 5)
3. law on granting permission to indigent persons. (Para 6)
4. court’s analysis on indigent petition rules. (Para 7)
5. remand for fresh consideration. (Para 8)

JUDGMENT

Dated this the 27th day of June, 2025 This appeal is filed challenging the order dated 22.01.2024 of the Sub Court, Sulthan Bathery in O.P.(Indigent) No.2 of 2021.

Appellant was the petitioner in the O.P.(Indigent).

2. Appellant had preferred the O.P.(Indigent) seeking permission to sue as an indigent person for claiming compensation for the loss purportedly caused to him due to the acquisition and withholding of his property by the respondents without payment of compensation for more than 8 years. The amount sought to be realized by the appellant from the respondents was Rs.35,71,277/-. The total court fee payable under Section 22 of the Kerala Court Fees and Suit Valuation Act was Rs.3,04,104/- and the legal benefit fund was Rs.35,713/- also had to be paid. Since the appellant had no means to pay the court fee and the legal benefit fund, he had submitted the application invoking Order 33 of

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