Court Fees Increased In View Of 20-Year Inflation After Detailed Study & Deliberation With Stakeholders: Kerala Govt To High Court
While opposing a plea against increase in Court Fees, the Kerala Government told the high court that the hike in court fees was done keeping in mind inflation of the past 20 years, after a detailed study and deliberating with all the stakeholders.The submission was made in the State government's counter affidavit to the PIL filed by Kerala High Court Advocates Association (KHCAA), challenging...
While opposing a plea against increase in Court Fees, the Kerala Government told the high court that the hike in court fees was done keeping in mind inflation of the past 20 years, after a detailed study and deliberating with all the stakeholders.
The submission was made in the State government's counter affidavit to the PIL filed by Kerala High Court Advocates Association (KHCAA), challenging the increase in Court Fees and imposition of Ad-Valorem fees without an upper limit brought about through an amendment in the Kerala Court Fees and Suit Valuation Act.
It is stated that the decision was taken based on the report of the expert committee headed by Retired Justice V. K. Mohanan drafted after extensive study and hearing all stakeholders including the Kerala High Court registry and Bar Council of Kerala. It mentions that the fees had to be increased keeping in mind the inflation of the past 20 years as no comprehensive revision has occurred in this period.
“The report of the Fee Revision Committee would abundantly show that the recommendation for the revision of court fees was made only after analysing all relevant data and materials concerning the rate of inflation during the time lag in revising the rates, as well as the relevant data relating to receipts and expenditure relating to the administration of justice.”
The Government stated that the committee found that the State had to divert revenue from other sources to meet the expenses towards administration of justice.
The State states that it had taken into account the cumulative inflation over the last 20 years, rate of diminution of the value of rupees and increase in the average wage of the non-agricultural worker in State.
Further, the State has denied any increase in ad valorem court fee as claimed by the petition. As per the State, only fixed court fee has been revised.
The State also objected to the petitioner's challenge to Section 73A of the Kerala Court Fees and Suits Valuation Act where by the State is exempted from paying court fee. It said that the exemption is not arbitrary as any fee levied would be futile as it will return back to the State exchequer.
Case Title: Kerala High Court Advocates Association v State of Kerala and Others
Case No: WP(PIL) 14/ 2025