Kerala HC Advocates' Association Moves High Court Against 'Exponential Increase' In Court Fees

Kerala High Court Advocates Association (KHCAA), has moved a Public Interest Litigation petition before the High Court 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.

The increase in Court fee was proposed in the 2025-26 Budget Speech. Subsequently, these amendments were brought into effect through the Kerala Finance Act, 2025. The changes has been alleged to be arbitrary by the bar body, claiming that the increase in Court Fees is in the range of 400% to 9900%, which thereby denies access to justice for the common public. The petition has also opposed the imposition of Ad-valorem fees without an upper limit.

The PIL claims that the state government has not cited any reason, objective or purpose for the steep increase in Court Fees and have acted completely against the recommendations of the various reports Law Commission of India and the Kerala Law Reform Commission. 

In the Budget speech, it was mentioned that the fees was being increased because it has been 2 decades since the court fees were revised, inflation needs to be considered and there were demands from various parts for improving the infrastructure facilities of the courts and enhancing the benefits from Advocates Welfare Fund and Advocates Clerk Welfare Fund. The petition argues that increasing the revenue-raising potential of the judiciary through court fees commodifies justice.

"Increased insistence on the revenue-raising potential of the judiciary through court fees runs the risk of commodifying justice and the same should not be allowed." the petition urged. It is contended that the general tax revenue is the ideal source of funds to support the administration of justice.

Imposition of Ad-Valorem Fee Without Any Upper Limit

The Association has protested the State imposing ad-valorem fee without upper limit and especially in cases of claiming compensation. The State has put a 1% of compensation as court fee from compensation for bodily injury or death caused by any criminal act, greivous hurt, malicious prosecution, defamaton - libel or scandel. It is submitted that the State should not be able to profit from the plight of the victims. It is also contended that imposition of an ad-valorem fee without an upper limit becomes a tax instead of a fee.

Challenge against Section 73A of Kerala Court Fees and Suits Valuation Act

The petition has also challenged Section 73A of the Kerala Court Fees and Suits Valuation Act which exempts State and its functionaries from paying court fees. It was pointed out that that the State is the biggest litigant and the blanket exemption given to the State is arbitrary, illegal and without any logic.

The petition is moved by 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, Noel Ninan Ninan

Case title: KERALA HIGH COURT ADVOCATES ASSOCIATION (KHCAA) v/s STATE OF KERALA & OTHER

Case No: WP(PIL) 14/ 2025