Madras High CourtWP/10233/2020disposed of

K.Vasanth v. Government Of Tamilnadu

2021-11-10Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.10233 of 2020 K.Vasanth ..Petitioner Vs.

1. Government of TamilNadu Rep.by the its Secretary to Government, Law Department, Fort St.George, Chennai-600 005.

2. The Secretary to Government Finance Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

3. The Registrar General High Court of Judicature at Madras, Chennai-600 104.

4. The Addl. Chief Secretary, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

(R4 impleaded as per order dated 11.1.2021 in W.M.P.No.19917/2020) ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring that Section 12(1) (ii) and 12(3) (vi) of the Tamil Nadu Court-fees and Suits Valuation (Amendment) Act 2017 requiring payment of Rs.1000/- for filing writ petition and Rs.2000 for filing writ appeal is arbitrary and illegal as it violates of Articles 14 21 and 39-A of the Constitution of India and consequently direct the 3rd Respondent to allow filing of writ petitions and writ appeals on payment of court fee of Rs.200/-.

For the Petitioner :

Mr.K.M.Ramesh For the Respondents :

Mrs.R.Anitha, Counsel for State, for respondents 1, 2 and 4 Mr.A.Durai Eswar, for third respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) This petition pertains to the challenge to what the petitioner perceived to be the excessive court-fees in some cases.

2. The State has recently amended the Tamil Nadu Court-fees and Suits Valuation Act, 1955 by a gazette publication made on September 28, 2021. The quantum of increase has been substantially reduced.

3. It is also recorded that the writ rules in this court have been amended to provide that a single writ petition will attract only one set of court-fees irrespective of the number of petitioners.

4. It is also recorded that the Registrar-General has issued a notification dated November 9, 2021. As a consequence of such notification, the reduced court-fees are to be accepted from today.

5. WP No.10233 of 2020 is disposed of without any order as to costs. WMP No.12460 of 2020 is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar tar To:

1. The Secretary to Government of TamilNadu Law Department, Fort St.George, Chennai-600 005.

2. The Secretary to Government Finance Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

3. The Registrar General High Court of Judicature at Madras, Chennai-600 104.

4. The Additional Chief Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.

WP No.10233 of 2020 RP(CO) RGA(17/11/2021)