Bill introduced to reduce court fees for writ petitions, appeals: Madras High Court told

A Bill has been introduced in the Tamil Nadu Legislative Assembly to reduce court fees to be charged for writ petitions and writ appeals, the Madras High Court was informed on Wednesday [K. Vasanth v. Government of Tamil Nadu & Ors., Maureen Gonsalves v. State of Tamil Nadu & Ors., A. Subramani v. State of Tamil Nadu & Ors.]..In view of the same, the Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu adjourned a plea challenging the increase in the court fees for writ petitions and writ appeals to ₹ 1,000 and ₹ 2,000 respectively from the earlier ₹ 200..The Court found it prudent to post the matter after the upcoming Court vacation so as to await the passage of the Tamil Nadu Court Fees and Suits Valuation (Second Amendment) 2021 in the Assembly..“Since sufficient concession by way of reduction of court-fees may already have been granted by the government, let these matters appear after the vacation and await the passage of the Bill in the Assembly,” the order stated..It was also observed that Rule 15 of the new writ rules issued by the Court i.e. the Madras High Court Writ Rules, 2021, already enable the Court to grant an exemption when there are several petitioners in a single writ petition, so that no additional fee is paid by each petitioner..The writ petitioner, K Vasanth, has contended that the steep increase in court fees from ₹200 each for both writ petitions and appeals is contrary to Articles 14, 19, and 39-A of Constitution, especially when nominal amounts are charged for petitions under Article 227 and pleas for bail, anticipatory bail and criminal appeals. .The Court has also earlier recorded the petitioner’s contention that outside Tamil Nadu, the court fees on writ petitions do not exceed ₹500, and, that in most places, the amount is ₹200..Noting that the quantum of increase appears to be significant, the Court had asked the State to reconsider the increase in court fees earlier this year, as per an interim order dated March 31, 2021. .The Court had added,"At the end of the day, it is a matter of policy and the Court will not interfere unless it finds complete arbitrariness or the possibility of manifest injustice resulting in the exclusion of a class of citizens or court-fees being fixed at such levels that shock the conscience of the Court.”.At the time, the Court was also told that a committee has been appointed to look into the issue and that its recommendations had aimed to be revenue neutral i.e. “in certain areas, the proposed court-fees have been reduced somewhat and in other areas, allowed to be retained in full or part, so that the income on account of the court-fees remains the same.”.If the Bill on the issue, dated September 7, 2021 comes into force, it will incorporate an amendment to Article 3 and Article 2 of Schedule II that deals with writ appeals and writ petitions under Article 226, and the resultant court fees would be ₹1,500 and ₹750 respectively..Before the Court are also writ petitions concerning court fees to be paid for obtained succession certificates..The Court noted the grievance that the quantum of court-fees payable for the same was much greater than what was required to be paid for obtaining probate. On Wednesday, the Court took on record that this is also being dealt with by a 2021 Bill “by providing for a maximum ad valorem fee.”.There are two new amendments proposed to the Tamil Nadu Court Fess and Suits Valuation Act, 1955 by the Tamil Nadu Government, which are based on the recommendations of a Committee under the Chairmanship of Justice (retd.) K Sampath..The matter before the High Court will be heard again on November 10, 2021.