V.K. BABURAJ, S/O. KOCHUPILLAI, AGED 56 YEARS, PWD CONTRACTOR, VANDHUPARAMBIL HOUSE, VAYATHOOR, ULLICKAL P.O., TALIPARAMBA TALUK, KANNUR DISTRICT Vs. ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 2ND FLOOR, PREETHI BUILDING, M.V.ROAD, PALARIVATTOM, ERNAKULAM, KOCHI

JUDGEMENT

(1.) This is a petition filed by the petitioner challenging Ext. P4 order passed by the court below under Art. 227 of the Constitution of India.

(2.) It is alleged in the petition that petitioner filed Ext. P1 suit as O.S No.153 of 2015 seeking a declaration that he has no liability to pay the balance amount as per the contract entered between the plaintiff and the first defendant on 31.7.2009 and for injunction from recovering the amount as directed by the second defendant. He paid 1/10th of total court fee payable along with the suit. The respondents filed written statement and issues have been framed and thereafter it was posted for remittance of the balance court fee. Since the petitioner could not pay the amount within the extended time of one month provided under Sec. 4A of the Kerala Court Fees and Suit Valuation Act, he filed Ext.P2 petition for enlargement of three months for remitting the balance court fee and produced Ext.P3 medical certificate to show that the reason for nonpayment of the court fee within time and the court below by Ext.P5 order granted time till 29.08.2016. Dissatisfied with the time granted, present petition has been filed by the petitioner before this Court.

(3.) Heard. Sri. K.Mohanakannan, counsel appearing for the petitioner, Sri. M.Vijaya Kumar, counsel appearing for the first respondent and Sri. S. Gopinathan, senior Government Pleader appearing for respondents 2 and 3.