Kerala High Court Directs State to Produce Materials Behind Court Fee Hike; Declines to Stay the Hike
Kiran Raj
The Kerala High Court on Tuesday directed the State Government to submit the material and data it relied upon while introducing the 2025 amendments to the Kerala Court Fees and Suit Valuation Act. The amendments, enacted via the Kerala Finance Act, 2025, came into effect on April 1 and substantially revised the existing fee structure.
The direction was issued by a Division Bench of Chief Justice Nitin M. Jamdar and Justice S. Manu while hearing a public interest litigation (PIL) filed by the Kerala High Court Advocates’ Association (KHCAA). The petition challenges the hike in court fees and the introduction of ad-valorem fees without upper limits.
While declining to stay the operation of the amendment without hearing the State, the Court directed the Additional Advocate General (AAG) Ashok M. Cherian to file a counter affidavit annexing the complete material that had been placed before the government in support of the amendment. The AAG submitted that the State could furnish the material in sealed cover. This request was opposed by the petitioners.
“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,” Advocate Yeshwant Shenoy, President of KHCAA, responded.
The Court refused to permit submission of the material in sealed cover and recorded the undertaking of the AAG: “The learned Additional Advocate General undertakes that the material which was before the Government based on which the impugned enactment was passed will be annexed to the counter reply.”
The Kerala Finance Act, 2025, passed by the Legislative Assembly on March 25 and enforced from April 1, amended the Kerala Court Fees and Suit Valuation Act, 1959. It introduced revised ad-valorem fee structures and removed the upper limit for court fees, including in compensation claims by crime victims.
In its petition, KHCAA has contended that the amendment has led to an exponential increase in court fees ranging from 400% to 9900%, which would restrict access to justice for ordinary litigants. The Association submitted that the hike is not supported by any publicly available study or consultative process.
The petition argues that the State has not produced any material to justify the fee revision. Although the Finance Minister had cited inflation, demands for judicial infrastructure, and increased allocation to advocate and clerk welfare funds, the petition points out that there is no clarity on how the funds will be distributed. The petitioners submitted that the basis for the fee hike was not disclosed and that the reports, if any, relied upon by the State have not been made available despite multiple Right to Information (RTI) applications and writ petitions.
The petition notes that the government had constituted a five-member committee headed by retired High Court judge Justice V.K. Mohanan to examine the issue of court fee revision. However, the Association submitted that the committee’s report has not been published.
“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,” the petition states.
KHCAA has challenged the imposition of ad-valorem fees without a cap. According to the petition, the amendment requires litigants, including victims of crimes, to pay 1% of the amount claimed as court fee, which imposes a financial burden and inhibits access to justice.
The petition also challenges Section 73A of the Kerala Court Fees and Suit Valuation Act, 1959, which exempts the State Government and its instrumentalities from payment of court fees. The Association submitted that such an exemption gives the State, which is the largest litigant, an undue advantage and undermines equality before law.
During the hearing, Advocate Yeshwant Shenoy, representing KHCAA, urged the Court to stay the operation of the amendments. The Court declined the request, stating that interim relief could not be granted without first hearing the State’s response.
Nonetheless, the Bench issued directions for the State to submit the full record of material considered while framing the amendments. When the AAG repeated his request for sealed cover submission, the Bench rejected it. The Court noted that no reasons had been advanced for withholding the material from public scrutiny.
The petition further submits that the court fee increase is in violation of decisions of the Supreme Court regarding the right of access to justice and the cost of litigation. KHCAA has argued that the State acted contrary to the recommendations of the Law Commission of India and the Kerala Law Reform Commission, both of which had advised against excessive court fees.
The petitioners contend that the absence of a reasoned justification supported by empirical data renders the amendment constitutionally vulnerable. They have sought a declaration that the relevant provisions of the Kerala Court Fees and Suit Valuation Act, 1959, as amended by the 2025 Act, are unconstitutional. In addition to the removal of ad-valorem fee caps, the petition seeks to strike down Section 73A of the Act.
The Court observed that the issue before it is not confined to the manner in which the amendment was enacted but includes whether the State’s decision was informed by sufficient material to justify its impact on litigants.
The Bench recorded that any policy which restricts access to courts must be capable of withstanding judicial scrutiny when challenged in a constitutional forum. The Court also indicated that it would not consider a plea for interim relief without first evaluating the State’s defence supported by record.
As of the date of the hearing, the State had not filed its counter affidavit. The Court has directed that all documents relied upon by the government be submitted before the next hearing. The matter has been posted for further proceedings on May 23, 2025.
Case Title: Kerala High Court Advocates’ Association (KHCAA) v. State of Kerala & Others
Case Number: WP (PIL) No. 14 of 2025
Bench: Chief Justice Nitin M. Jamdar and Justice S. Manu
Advocates Representing the Parties:
For the Petitioners: 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 Mathew, and Noel Ninan appeared for KHCAA.
For the Respondents: Additional Advocate General Ashok M. Cherian appeared for the State of Kerala.
