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When an association files a writ petition for the benefit of its members, court fee at the prescribed rate for each member of the association has to be paid, held the Division Bench of Justice K. Vinod Chandran and Justice Ashok Menon at the Kerala High Court. This followed a petition filed by Maradu Meat Traders Association for the benefit of its 138 members, by paying court fee of Rs.100 for one petitioner, on the ground that the association was the sole petitioner.
The Court, however, did not accept the course adopted by the association noting that the petition was filed for the benefit of 138 members of the association, and hence court fee per 138 members has to be paid, For the petition has to be valued on the basis of each of the beneficiaries unless the association is espousing a public interest cause or representing class of persons who are disabled from approaching the court.
This order also relied on Rule 147A of the Rules of High Court, which stated that in case of petitions jointly moved by different persons, court fee per petitioner has to be paid as if the petitions were filed separately.
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