Kerala High Court directs State to submit material/ data relied upon to hike court fees

The Kerala High Court on Tuesday directed the State to submit the material/ data based on which the government decided to hike court fees in the State [Kerala High Court Advocates' Association (KHCAA) v. State of Kerala & Ors.].The Division Bench of Chief Justice Nitin M Jamdar and Justice S Manu issued the direction while hearing a public interest litigation (PIL) moved by the Kerala High Court Advocates' Association (KHCAA) challenging the hikes which came into effect on April 1. The Bench refused to stay the hike brought in via Kerala Finance Bill, 2025 without hearing the State and other respondents.However, it agreed with KHCAA President Yeshwant Shenoy, who represented the bar body, that the government must submit the data and recommendations from stakeholders that it relied on to arrive at its decision. The Bench, therefore, directed Kerala Additional Advocate General (AAG) Ashok M Cherian to ensure that the State files a counter affidavit with all relevant material annexed. The AAG suggested that the material be submitted in a sealed cover. Shenoy strongly objected to the same saying, "This is about court fees, what is this secrecy? I don't understand. Even if you give it to me in sealed cover I will release it to the public".Chief Justice Jamdar said that the Bench is not issuing such direction for submission of material in a sealed cover. .Last year, the State government had constituted a five-member Committee headed by retired Kerala High Court judge Justice VK Mohanan to study and suggest proposals for the revision of court fees.The Kerala Finance Bill, 2025 amending the Kerala Court Fees and Suits Valuation Act, 1959 (the Act) was passed by the Kerala Legislative Assembly on March 25. The changes came into effect on April 1..In its PIL filed yesterday, KHCAA contended that the increase in court fees and imposition of ad valorem fees without any upper limit is arbitrary, unreasonable and exorbitant.According to them, the increase ranges from 400 percent to 9,900 percent and would therefore, result in denial of access to justice for the common man. The same violates the Supreme Court's dictum on the cost of justice.The imposition of ad-valorem fees in the original Act and later via the 2025 amendment without any upper limit even in matters relating to compensation for victims of crimes was pointed out by the KHCAA as being particularly egregious."The barriers imposed for a victim are antithetical to rule of law and infringes upon the Fundamental Rights of the victims. The State cannot arbitrarily and unreasonably profit on the plight of the victims," it was contended.KHCAA also argued that the State government has acted against the recommendations of the Law Commission of India and the Kerala Law Reform Commission.While the Finance Minister cited inflation, infrastructure development and increasing advocate and advocate clerk welfare funds as reasons for the hike, no data or report to support the hikes are publicly available, KHCAA contended.Therefore, the bar body has sought orders from the Court to strike down the amendment to Kerala Court Fees and Suit Valuation Act, 1959 as unconstitutional.The petition also assailed the provisions relating to ad-valorem court fees without an upper limit in the Kerala Court Fees and Suit Valuation Act, 1959 and the subsequent amendment made in 2025..KHCAA also highlighted Section 73-A of the Kerala Court Fees and Suit Valuation Act which exempts the State government and its functionaries alone from paying court fees.According to KHCAA, the exemption granted to the State government, which is the biggest litigant in Kerala, is unconstitutional.KHCAA has, therefore, sought orders striking down Section 73A..Advocates Shinto Mathew Abraham, Arun Thomas, Karthika Maria, Veena Raveendran, Anil Sebastian Pulickel, Mathew Nevin Thomas, Kurian Antony Mathew, Leah Rachel Ninan, Karthik Rajagopal, Manasa Benny George, Aparnna S, Adeen Nazar, Arun Joseph Mahew and Noel Ninan appeared for KHCAA. .[Read Order].[Read live coverage of the hearing].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.